Settling vs. Going to Trial: What to Expect in Florida Personal Injury Cases

When someone is injured in Florida due to another person’s negligence, they often have a decision to make: Should they settle their case out of court or go to trial? This can be a difficult choice, as both options have pros and cons. Settling a personal injury case and going to trial are two different ways to resolve a legal dispute, but they can lead to very different outcomes. Understanding the differences between the two is essential for anyone involved in a personal injury case in Florida. This guide will walk you through what to expect if you’re facing this decision. At, Serrano Law , we are here to guide you through the legal process and help you navigate the complexities of your case.

Understanding Settlements in Personal Injury Cases

A settlement occurs when both parties agree to resolve the case without going to trial. In most Florida personal injury cases, settlements are reached after negotiations between the injured person’s legal team and the defendant’s insurance company. Once an agreement is made, the injured party receives compensation, usually in the form of a lump sum, and the case is closed.

Settlements can happen at any time during a personal injury case. Sometimes they occur before a lawsuit is filed. Other times, a settlement is reached after the trial has started but before a verdict is rendered. The important thing to know is that settling can save time, reduce stress, and provide certainty about the outcome. You and your legal guide will have control over the decision to settle, rather than leaving it up to a jury.

While it may sound simple, reaching a settlement involves negotiations. This can take time, as both sides try to agree on a fair amount of compensation. If the defendant’s insurance company believes your case is strong, they may offer more money to avoid the risk of a trial. However, if they think they have a strong defense, they may offer less. This is where having an experienced legal guide can make a big difference.

Why Settling Might Be the Best Option

Settling can be a smart choice for many reasons. One of the main advantages is that it allows you to avoid the uncertainty of a trial. In a settlement, you know exactly how much compensation you’ll receive and when you’ll get it. There is no waiting for a jury to decide your case, which can sometimes take weeks or even months.

Another benefit is that settling is usually faster than going to trial. Preparing for a trial involves gathering evidence, interviewing witnesses, and sometimes waiting for the court to schedule your case. All of this takes time. If you settle, you can often receive compensation much sooner.

Settling can also be less stressful. A trial can be an emotional process, as you may have to relive the details of your injury and answer tough questions in front of a jury. By settling, you can avoid the courtroom and the pressures that come with it.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Finally, a settlement allows for more privacy. Once a case goes to trial, it becomes part of the public record. This means that anyone can see the details of your case, including the evidence presented and the outcome. Settling, on the other hand, keeps the details of your case private.

What to Expect When Going to Trial

Going to trial means that your case will be heard in front of a judge and jury, who will decide whether you should receive compensation and how much. This process can be more time-consuming and stressful than settling, but it may lead to a higher payout if the jury rules in your favor.

If you choose to go to trial, you can expect several steps. First, both sides will gather evidence during a process called discovery. This can include reviewing medical records, interviewing witnesses, and hiring specialists to testify on your behalf. This process can take months, depending on the complexity of your case.

Next comes the trial itself. During the trial, both sides will present their case. Your legal guide will present evidence, call witnesses, and argue why you deserve compensation for your injury. The defendant’s legal team will do the same, trying to show that they are not responsible for your injury or that your injury is not as severe as claimed.

Once both sides have presented their case, the jury will deliberate and reach a decision. This can take hours or even days, depending on the complexity of the case. If the jury rules in your favor, they will also decide how much compensation you should receive.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

The Risks of Going to Trial

While going to trial can lead to a larger payout, it also comes with risks. One of the biggest risks is the uncertainty of the outcome. No matter how strong your case may seem, there is always a chance that the jury could rule against you. If that happens, you won’t receive any compensation at all, and you could be responsible for paying court costs and other expenses.

Another risk is the time and cost involved in going to trial. Trials can be expensive, especially if your case requires specialists to testify on your behalf. You may also have to take time off work to attend the trial, which can add to your financial burden.

The trial process is also more stressful than settling. Not only do you have to relive the details of your injury in court, but you may also be subjected to intense questioning by the defendant’s legal team. This can be emotionally draining and difficult to handle, especially if your injury has already caused you significant distress.

A trial can take months or even years to reach a conclusion. If you’re looking for a quick resolution to your case, going to trial may not be the best option. The longer your case drags on, the more difficult it can be to move on with your life.

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When Should You Go to Trial?

Deciding whether to settle or go to trial depends on the specifics of your case. In some situations, going to trial may be the best option. For example, if the defendant’s insurance company is offering a settlement that is far below what you believe your case is worth, it might make sense to take the risk of going to trial.

You might also want to go to trial if you believe the defendant is clearly at fault and the evidence strongly supports your case. In these situations, a jury may award you more compensation than you would receive in a settlement.

On the other hand, if the insurance company is offering a fair settlement, it might be wise to take it and avoid the risks and stress of a trial. An experienced legal guide can help you weigh the pros and cons of each option and make the best decision for your situation.

Making the Decision

The decision to settle or go to trial is one of the most important choices you’ll make in your personal injury case. Both options have advantages and disadvantages, and it’s important to understand what each involves before making a decision.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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If you’re looking for a quicker, less stressful resolution, settling may be the best option. It allows you to receive compensation faster, avoid the uncertainty of a trial, and keep the details of your case private. On the other hand, if you’re willing to take the risk, going to trial could result in a larger payout, especially if the jury rules in your favor.

Whatever option you choose, it’s essential to have a knowledgeable legal guide by your side. They can help you understand your rights, negotiate with the insurance company, and represent you in court if necessary. With the right guidance, you can make the best decision for your case and secure the compensation you deserve.

If you or someone you know has been injured in Florida and are facing the decision of whether to settle or go to trial, the Serrano Law team can help. With years of experience handling personal injury cases, we are here to provide the support and guidance you need. Our legal team is ready to fight for your rights and help you achieve the best possible outcome for your case. Contact us today to discuss your options and get the representation you deserve.