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In Florida, as in other states, the large majority of personal injury lawsuits – and motor vehicle accident cases, by extension – do not go to trial.  Many lawsuits are resolved through a settlement compromise, not through trial litigation, and for good reason.  Trial litigation tends to be expensive, stressful, inefficient and may lead to unexpected results.  As such, plaintiffs and defendants often prefer to reach a settlement before litigation advances too far.

A negotiated settlement compromise lets the plaintiffs and defendants come to an agreement on the value of the claim, rather than relying on the court (and a jury) to decide for them.  It’s important to keep in mind, however, that the value of a settlement is typically negotiated based on the perception of a plaintiff’s prospects of success should the case go to trial.

For example, imagine that you have a case that is worth $100,000.  Due to various factors, however, the defendant estimates that you have a 60% chance of winning the case should it go to trial.  As such, any settlement compromise you reach with the defendant is likely to come in at around $60,000 in value.

Essentially, the factors leading to a better settlement are those that improve your chance of winning the case should it go all the way to trial.  The more likely it is that you would win the case at trial, the more willing a defendant will be to settle the case at a high value.

So, what factors lead to better settlements?

Defendant’s Liability is Clear

If the evidence clearly points to the defendant being liable for your injuries, then the likelihood of you winning the case should it go trial is much greater.  In fact, if liability is clear, then the only major uncertainty left for trial is how much the damage award will be (do be aware that this can vary quite significantly, however).

You Are a Relatable or Persuasive Plaintiff

If you are a relatable or otherwise persuasive plaintiff, then the jury will look upon you favorably.  Your assertions are more likely to be trusted, your overall claims seen as more legitimate.  This will affect your chance of success should the case go to trial, and of course, should increase the value of a potential settlement compromise.

No Related Pre-Existing Condition

If you have a pre-existing condition that is closely related the new injury – for example, if you have a pre-existing back injury, and the accident resulted in a different back injury – then may affect both liability and damages.  If the defendant can successfully argue that no new injury was caused or that a previous injury was simply exacerbated, it may affect your damage award at trial.  The value of the settlement compromise will reflect these possibilities.

If you have been injured due to another’s fault, you may have a legitimate personal injury claim.  As most injury claims resolve through settlement, it’s critical that you work with an attorney who has experience in favorably settling such claims.

Contact Randall Spivey to connect with a skilled Fort Myers personal injury attorney at the Spivey Law Firm, Personal Injury Attorneys, P.A.  We will provide a free and confidential consultation to discuss your legal rights.