Settling a Personal Injury Claim Vs. Going to Trial in Florida

When people think of lawsuits, most will immediately think of a fierce jury trial where lawyers for both sides fight for their clients to the bitter end. Indeed, some lawsuits do go that route. However, the vast majority of lawsuits never make it to trial. This is because, in many circumstances, both sides come to an agreement beforehand and mutually decide to drop the matter. This is called a “settlement.” In a settlement, both sides of a lawsuit agree to terms, and the matter does not make it to court.

There is no set timeframe for how long a settlement takes. A defendant may choose to settle right away, or they may do so right before trial, or not at all. Sometimes, settling a case is the most beneficial option for both parties. However, since each case is unique, there is no guaranteed way to determine whether a settlement is the best route.

If you are considering settling or filing a lawsuit, call The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A.’s Ft. Lauderdale personal injury lawyers for a free case review at (954) 751-4258.

What is a Settlement?

In law, a settlement is an agreement between both sides of a case to resolve the dispute outside of a jury trial. This is an alternative way to settle a dispute that does not end in a verdict claiming one side is liable or not.

Settlements sometimes have a stigma surrounding them. Plaintiffs may feel like they are being cheated of their day in court or that they are cow-toeing to the defendant. However, this is not the case. Sometimes, a settlement is the best option to make sure that the plaintiff gets their needs met.

Our Miami personal injury lawyer’s job is to get you a “win” in your lawsuit. A win does not necessarily need to be in the courtroom. If you can accomplish what you need without a jury trial, you may want to consider that option.

Why Settle a Personal Injury Lawsuit in Florida?

Many plaintiffs may question whether it truly is a good idea to settle a case and not go all the way to a jury trial. For some, settling may feel like giving up or throwing in the towel. Alternatively, some plaintiffs might think that accepting a settlement offer from the other side makes them look weak, or they could have done better if they went all the way to trial. The reality of deciding whether or not to settle a case is quite complicated, and no two cases will have the same set of factors to consider when choosing to accept a settlement or not.

It is important to note that settling is an option you have – and nothing more. There are situations where our Palm Beach County personal injury lawyers may advise that settling may be a good move, but the ultimate decision will always be up to you.

A Good Offer

If a defendant makes a settlement offer that satisfies what you wanted out of the lawsuit anyway, you should seriously consider accepting the offer. For example, if you need $500,000 damages and the defendant offers a $600,000 settlement, it would be wise to seriously consider accepting that offer.

Some plaintiffs may feel like a defendant offering to settle is an admission of liability or an indication that their defense is weak. That is not necessarily true. Many defendants will offer to settle out of genuine sympathy for the plaintiff. Do not lose sight of the goal – getting the compensation you need – by trying to “pull one over” on the defendant.

Cost Savings

Lawsuits are expensive. This is especially true of a case drags on for months or even years. Legal fees can quickly add up if a case spirals out of control or a trial goes on for a very long time. Settling a case early is an effective way to both resolve a dispute and save on legal fees.

Guaranteed Outcome

A settlement is a guaranteed outcome because both parties come to an agreement. The reality of any lawsuit that goes to trial is that it is a toss-up. No matter how air-tight each side believes their case to be, the ultimate decision on whether the defendant will be liable or not lies with the jury.

If the prospect of an unknown trial outcome is distressing, settlement may be a good alternative.

How Long Does it Take to Settle a Personal Injury Lawsuit in Florida?

There is no set length of time for how short or long it will be before you can settle a case. This is because either party can offer to settle a case at any time before trial. This could be right after the plaintiff files a lawsuit, the day before trial, or at any point in between. Sometimes, a party will reject a settlement offer, the receive another offer an accept the second offer.

Generally, settlements happen as more facts reveal themselves through discovery – the process by which sides of a case share information and establish a universal base of facts. For example, the defendant may feel they have a strong case when some new information that is bad for their argument comes to light. They may choose to settle to try and avoid damage to their reputation in court.

In rare instances, a settlement offer will happen right away. This generally happens when one side does not wish to take a case to court. In some instances, you can use this to your advantage to negotiate a better settlement. However, be careful to not overstep, or the other side could withdraw their settlement offer entirely.

Talk to Our Florida Personal Injury Lawyers Today

Our Orlando personal injury lawyers with Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. can be reached at (954) 751-4258 to discuss your case.

Client Testimonials

“…the settlement I received was much higher than anticipated”

Fuchs was my car accident attorney and was very responsive from the first call. I had medical care the next day and the whole process was smooth. They handled everything with the insurance companies and coordinated all of the necessary medical information. It was a long process and in the end the settlement I received was much higher than anticipated I am more than happy and grateful for the outcome.

Sean O.
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“Not only did I get the medical attention I needed but I was compensated handsomely.”

It’s been a long bumpy road to recovery but with David and his office’s help, we finally got it done! Through a great network of professionals, David Fuchs makes a good experience out of what could’ve been quite a headache. Not only did I get the medical attention I needed but I was compensated handsomely. Thank you!

Giovanni G.
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“…they didn’t settle for anything and my boyfriend and I got what we deserved.”

I got in an accident in December 2021 when everyone was short staffed and insurance companies was not responsive. My boyfriend reached out to David F. and what a life changing experience. We had the pleasure of having all our worries handed to professional help. They worked diligently on our case, answered questions when asked and kept us updated on changes. More importantly they didn’t settle for anything and my boyfriend and I got what we deserved. I have dealt with others in the past but David got me the most according to the facts presented and never backed down when the insurance companies tried to make us settle for less. Thank you David, Jessica and the team for all your effort and hard work. I will recommend them to family and friends. [They’re] the best in town!

Sheila N.
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“Best lawyer in Broward County”
Evans P.
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“Mr. Fuchs and his staff were very helpful.”

I highly recommend Law offices of David Fuchs. Mr. Fuchs and his staff were very helpful. The case was handled in a timely manner and I was always informed if there were any changes or updates with my case.

Velouse G.
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“Mr. Fuchs is one of the hardest working attorneys that I know.”

Mr. Fuchs is one of the hardest working attorneys that I know. He is really good at what he does and puts 110% in you case. I have been using him for 19 years now and refer all my friends to him. I can leave him alone with my case and not call him all the time. I know he is working hard in my case. When he has any information he calls me and we go from there. There are not a lot of attorneys I can do that with! If you have any Personal Injuries please do call him. You won’t be disappointed!!

Libby E.
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“I would definitely refer to this firm as the go-to Florida personal injury gurus.”

At first I was afraid…I was petrified! I truly was! But the extensive knowledge, patience and professionalism I received brought me not only such peace and assurance that I was in good hands, but we got through my case like shining stars! David made sure I understood exactly what, when, where, why and [answered] whatever question I had. I would definitely refer to this firm as the go-to Florida personal injury gurus.

Donna M.
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“They have a wonderful team.”

…took care of my well-being [and were] very informative about my situation. [T]hey were on the ball when it came down to settling…I highly recommend David.

Nicholas G.
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“My experience with David Fuchs was awesome.”

I got a really good return… thank you David Fuchs and staff for being so helpful and working so hard to help us, you are appreciated.

Yvette W.
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“This is a great law office.”

The David I Fuchs law office is a group of excellent people that helped to their fullest potential. They treated me with respect and I really appreciate that. This is a great law office.

Jonathan Z.
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“Never did I imagine myself getting into an accident.”

It has been an unexpected journey since stepping foot in Florida. Never did I imagine myself getting into an accident. I just want to thank the staff and all the support. The Therapy the doctors; you guys were awesome and made me feel better in my situation. This the first time I ever experience such a thing but I’m blessed , thankful and behind it all DAVID FUCHS who made it happen for me.

Sade P.
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“They helped tremendously!”

I would totally recommend David to everyone. They’re extremely professional and work in a timely manner. They helped tremendously!

A Boone
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“I highly recommend this man.”

A good man knows, his law 35 years experience. Will get the job done and help you and your family get compensated for you pain and damages. I highly recommend this man. I want to revisit my review and say that Mr. Fuchs always picks up his phone and answer any questions that may pertain to my case. Thank you, David.

N. Hit
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“He was able to settle my case with little to no trouble and did so in a very professional manner.”

David Fuchs was my car accident attorney. He was able to settle my case with little to no trouble and did so in a very professional manner. I would highly recommend him to others.

Samantha D.
Google Review
“…all went good and successful. thank you so much for all your help.”

I got into an accident for the first time and I didn’t know what do or how things works, but I was lucky to find a professional and helpful people to guide through this experience.
They did take care of my case all went good and successful thank you so much for all your help.

Karen G.
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“Very professional. Had no problems with communication”
Zuberi L.
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“He was there every time I called and got me a great settlement.”

I was in a car accident and looking for a professional, caring attorney.I was fortunate to find Mr. Fuchs, who helped me through the whole process. He was there every time I called and got me a great settlement.

Joan K.
Google Review
“My settlement was fast, fair and professionally handled.”

Had a car accident and needed an advocate to communicate my concerns through my insurance provider. The law office of David Fuchs, was efficient and thorough. My settlement was fast, fair and professionally handled. Would highly recommend giving this office a call if you need legal assistance.

Willie M.
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“A+++++ recommended.”

I want to thank the office of David Fuch’s. A+++++ recommended.

J. Hernandez
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“I could not have asked for a better team by my side.”

They were very helpful. I could not have asked for a better team by my side.

S. Rodriguez
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“They got me my settlement pretty quickly and worked hard on my case for me.”

I was in an accident mid last year and Mr. Fuchs handled my case and his case manager[s] Yessi and Jessica were very informative as to the process. They got me my settlement pretty quickly and worked hard on my case for me. Mr. Fuchs was extremely knowledgeable and informed me of everything that would happen in my case. I will recommend this firm to my family and friends and i will be using their services in future if need be.

Pastor D.
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