Personal Injury Video Law Tip
“No, you don’t have to go to court. In fact, many personal injury cases settle in the pre-suit stage. Even those cases that don’t settle in the pre-suit stages, settle during the litigation process. Of the cases in litigation, only about two-percent actually make it to court and trial so it’s very unlikely that your particular case will end up going to trial.” – Bill Abel
Additional Information about needing to go to court to recover monetary damages in a Florida auto accident case
Most people think of going to trial when they ask if they have to go to court. While many lawsuits are filed, very few actually make it to trial. An injured person’s claim initially starts as a pre-suit demand to the insurance company. Many cases settle before a lawsuit is ever filed. However, just because a lawsuit is filed does not mean that settlement negotiations stop. In fact, settlement negotiations may always take place during the course of a lawsuit and even during trial.
Florida law requires that all lawsuits go to mediation before a trial can occur. Mediation is a confidential settlement conference where the parties, their attorneys, and a neutral mediator attempt to resolve the case. No one is required to settle their case at mediation, but it provides the best chance to settle the case because most of the discovery has been completed so all of the parties know what the facts are and all of the decision makers are present (you the client and the insurance company representative) and finally the mediator has negotiated hundreds or thousands of cases and has significant experience in getting cases settled. Even if mediation is not successful, the parties usually leave with a much clearer sense of the amount of money that it will take to settle the case, which can lead to settlement.
Personal injury law video number 100020: Do you have to go to court to recover monetary damages in a Florida auto accident case?