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Florida’s rate of personal injury cases per person is more than 1,000 times the national average: around 127 cases for every 100,000 Floridians compared to around 10 cases per 100,000 people in the U.S. overall. About 2/3 of these cases were civil claims, and this figure, too, is considerably higher than the national average. While exact numbers of personal injury claims filed in Palm Beach County aren’t available, it’s safe to assume the county sees a higher-than-average number of claims, like the rest of the state.
So, how many of these cases settle out of court, and how many reach trial? Most cases that are settled through the mediation process include a confidentiality clause, so data isn’t publicly available. However, the currently accepted figure for how many personal injury lawsuits conclude at trial, instead of successful mediation, is about 3-5%.
Strictly from the numbers, it looks like Florida is a hotbed of litigation, so it’s valid to ask our Boca Raton personal injury lawyers about the likelihood of a trial. Let’s look closer at what factors in your personal injury case would make it more likely to go to trial.
Why do personal injury cases rarely get to trial?
The contrast between the number of cases filed and how few reach a jury probably has you scratching your head and wondering why. A few conditions may apply in your case.
Court backlogs and packed trial schedules
Florida courts typically promote resolving disputes outside of court, through alternative dispute resolution (ADR) methods like mediation and arbitration. Trials are costly, often costing both sides tens of thousands of dollars, far more than paying for a mediation session.
The courts are congested, too; while the Covid backlog has slowly dissipated, it still takes months to take a personal injury case to trial. Your trial date may not be set for months, possibly a year after you file the initial suit. If the opposing parties can reach a settlement out of court, the matter may be concluded within a few months.
Trials are risky
A jury can be unpredictable; even the best case could go sideways in jury deliberations. Additionally, a judge could rule certain evidence inadmissible at trial, which could compromise the strength of your case. Finally, in a trial, every witness your personal injury lawyer questions and every piece of evidence they present, including your own medical records, will be picked apart by the defense attorney.
Mediation, overseen and guided by a neutral third party, gives you more control over the outcome of your claim. In mediation, you and the defendant strive to reach common ground, negotiating a compromise. While the average settlement offers during mediation don’t always reach the maximum value of a case, many plaintiffs find that their final settlement agreement comes pretty close to their lawyer’s initial offer. Your fate in mediation is in your hands; if you go to court, you could walk away with nothing.
Is a settlement right for me?
If the facts of your claim are disputed, or if you need the money to pay your medical bills and other expenses, mediation and settlement negotiations may be a better choice than a trial. Your lawyer can attend mediation with you, advise you, and help you negotiate a fair settlement with the defendant and their insurance company. Ask your attorney if a trial is the right strategy for your case.
Get help navigating the mediation process
Have you been hurt in an accident caused by someone else’s negligence? You may not have to go to trial to recover what you’ve lost. Many personal injury cases settle during mediation, giving you a faster, less stressful path to compensation.
Have you been hurt in an accident caused by someone else’s negligence? The attorneys at Lytal, Reiter, Smith, Ivey & Fronrath can help you secure a fair settlement agreement. Please contact us today at (561) 655-1990 for a free consultation.