If you’ve been injured in an accident in South Florida, one of the first questions you might ask is: “Will I have to go to court in Florida for my personal injury case?” The answer is — not always. In fact, most personal injury cases in Florida settle out of court. But understanding the full process can help you feel more in control during a stressful time.
Most Personal Injury Cases Settle Before Trial
It’s a common misconception that every injury claim leads to a dramatic courtroom showdown. In reality, nearly 90% of personal injury cases are resolved through settlement negotiations — without ever stepping inside a courtroom.
A skilled attorney will gather the evidence, negotiate with the insurance company, and fight to secure a fair settlement that reflects your medical bills, lost wages, pain and suffering, and future care needs.
But if a fair agreement can’t be reached, the case may proceed to litigation.
Mediation: A Required Step Before Trial
Before most personal injury cases proceed to trial in Florida, the court will order both parties to attend mediation — a structured negotiation facilitated by a neutral third-party mediator. Mediation gives both sides an opportunity to resolve the dispute without the time and expense of going to court. While it’s not always successful, it often results in a settlement agreement and can be a valuable step toward resolution. Even if mediation doesn’t lead to a final agreement, it can clarify each side’s position and narrow the issues for trial.
What Happens If Your Case Does Go to Court?
If your case goes to trial, here’s a general timeline of what to expect:
1. Filing a Lawsuit
Your attorney files a complaint with the court, officially starting the legal process.
2. Discovery Phase
Both sides gather evidence, interview witnesses, and exchange documents. This phase can take several months.
3. Pre-Trial Motions and Hearings
The court may hear motions to dismiss parts of the case or decide how certain evidence will be used.
4. Trial
If the case proceeds, both parties present their evidence to a judge or jury. They will then determine fault and the amount of compensation (if any) awarded.
5. Appeals
If either side disagrees with the outcome, they may file an appeal — though this is less common.
When Is Going to Court More Likely?
While most cases settle, trial becomes more likely in situations like:
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Disputes over fault (the other party denies liability)
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Severe or permanent injuries with high compensation demands
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Lowball insurance offers that don’t reflect the true cost of your injuries
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Complex cases involving multiple parties or unclear evidence
Why Legal Representation Matters
Whether your case settles or heads to trial, having an experienced Florida personal injury attorney on your side is critical. At Rosenblum & Mayer, we’ve helped clients across South Florida navigate both paths — and we’re not afraid to go to court when it means securing the justice you deserve.
Our goal? Make the process less overwhelming — and fight for the best outcome possible.
Schedule a Free Consultation Today
Still wondering what path your case might take? We’re happy to talk you through it. Contact Rosenblum & Mayer today for a free, no-obligation consultation.