Personal injury accidents are common in the Sunshine State, leaving families in need of guidance to understand how to seek justice. You may have little experience with the law or insurance claims, yet thousands of people just like you get into motor vehicle accidents and suffer slip-and-fall mishaps. Below, a Florida personal injury lawyer from Lytal, Reiter, Smith, Ivey & Fronrath examines how many personal injury cases are filed each year in Florida.
Does Florida have more personal injury cases than other states?
According to Business Observer, the rate of personal injury cases filed in Florida is higher than in most other states. As many as 28,342 personal injury lawsuits appeared on the court dockets in a recent reporting period ending in 2023. That’s over 127 cases filed per 100,000 Floridians, when the national average for other states is just 9.53 per 100,000 people.
Not all of those are civil cases, but when we look at what percentage of those claims are personal injury lawsuits, the numbers are no less surprising. In Florida, as many as 62.10% of the claims had no criminal component, meaning they were disputes between individuals about matters such as car accidents. Still, Florida averages a whopping 1,237% more personal injury claims overall than the national average, and 433% higher for civil cases.
Do all personal injury claims go to trial?
Most personal injury claims do not go to trial, thanks to skillful personal injury lawyers who successfully negotiate out-of-court settlements. Currently accepted estimates are that between 2-5% of cases make it to the courtroom, meaning only 850 to 1,417 of the 28,342 cases filed will end up in front of a judge. Trials are time-consuming and expensive for everyone, so settlement discussions benefit both plaintiffs and defendants.
Why don’t all personal injury claims go to trial?
If so many personal injury lawsuits are filed, why do so few end up in the courtroom? Not every personal injury lawyer will advise you to go to trial for several reasons. Depending on the type of case, the success rate may not be as high in court, and you might do better to avoid a trial.
It’s often easier, faster, and less costly to talk things out with the other party. Whether you file an insurance claim first or go straight to filing a lawsuit, the first step will be to negotiate based on the evidence and how much your damages are. In most situations, both sides can come to a fair and appropriate settlement amount, close the case, and get on with their lives.
Another factor that keeps the rate of personal injury lawsuits in the courtroom low is the risk and unpredictability. With negotiation, you’re dealing with a limited number of people, such as insurance adjusters or the other person’s lawyer. At trial, you are at the mercy of a jury and judge who may be unsympathetic to your case.
How does it benefit me if my case doesn’t go to trial?
Compared with a full trial, settling your case through negotiation or alternative dispute resolution (ADR) methods can save you literally thousands of dollars. Trials are extremely expensive, meaning you end up with less compensation after paying court costs and other fees. They are also more time-consuming, since you are working on the court’s overloaded schedule.
The duration and demands of going to court can exact an emotional and financial toll. If you’re already physically injured, you must add the worry and stress of waiting as long as two years or more for a decision in your case. During that time, your bills continue to pile up until you secure a jury award. If you don’t win, you’re left with all those expenses and no compensation.
To learn more about how a personal injury lawyer can help you, whether you’re involved in a Florida case or you’ve filed in federal courts, contact Lytal, Reiter, Smith, Ivey & Fronrath online or by calling (561) 655-1990 for a free consultation. We are fierce negotiators who will strive to maximize your compensation while reducing your worries in your Florida personal injury case.
