If you’ve been injured in an accident in Florida, you might wonder what to expect from a personal injury claim. Many people worry about going to court, envisioning a long and stressful legal battle. The truth is, most personal injury cases in Florida end in settlements — but that doesn’t mean litigation is off the table. In fact, having a law firm that excels in negotiation and trial advocacy can make all the difference in your outcome.

Settlements Resolve Most Florida Personal Injury Cases

Statistically, the vast majority of personal injury claims—over 90% nationwide—are resolved through settlements, and Florida follows this trend. Settlements offer several advantages: they’re faster, less costly, and less emotionally taxing than taking a case to trial. A fair settlement allows injured parties to receive compensation for medical bills, lost wages, and pain and suffering without the delays and unpredictability of courtroom proceedings.

Insurance companies also tend to prefer settlements. Trials are expensive and risky for them too, especially if a jury awards a large verdict to the injured party. Therefore, if liability is reasonably clear and damages are supported by strong documentation, it is likely that both sides will work toward a negotiated resolution.

Although most cases settle, some personal injury claims do go to court—usually because of one or more of the following reasons:

Disputes over liability: If the insurance company or at-fault party denies responsibility for the accident, litigation may be necessary to prove fault.
Disagreements about damages: Even when liability is clear, the two sides may have very different views on how much compensation is fair.
Bad faith tactics: Sometimes, insurers delay, undervalue, or wrongfully deny claims, forcing the injured party to pursue justice through the court system.
High-stakes injuries: Severe injuries with large financial implications are more likely to be contested and require courtroom resolution.

In these scenarios, it’s essential to have a law firm that not only understands the intricacies of negotiation but is also fully prepared to advocate in front of a judge and jury if necessary.

The Importance of Full-Spectrum Legal Experience

At Probinsky & Cole, we believe that being skilled at both settling cases and trying them in court is critical to maximizing our clients’ recovery. Here’s why:

Negotiation Strength Depends on Trial Readiness: Insurance companies know which law firms are willing to go the distance—and which are not. When your attorney has a reputation for taking cases to trial and winning, it puts pressure on the insurer to offer a fair settlement. They’d rather avoid the courtroom when facing seasoned litigators.
Not All Settlements Are Equal: A settlement should reflect the true value of your case. That requires deep experience in calculating damages, understanding long-term medical needs, and negotiating from a position of strength. An attorney skilled only in pre-trial negotiation may leave money on the table.
Mediation and Alternative Dispute Resolution: In Florida, many courts require personal injury cases to go through mediation before trial. This is an opportunity for both sides to negotiate with the help of a neutral third party. A firm experienced in mediation can often achieve favorable outcomes without litigation—saving time and stress for the injured party.
Trial Preparation Ensures You’re Protected: In the event that a fair settlement isn’t possible, your attorney must be ready to argue your case persuasively in court. That means thorough investigation, expert testimony, and strong courtroom strategy—skills that only come with extensive trial experience.

Choosing the Right Law Firm Makes All the Difference

At Probinsky & Cole, our legal team combines aggressive trial advocacy with skilled negotiation and mediation experience. We know how to build compelling cases that demand attention—whether across the settlement table or in front of a jury. Our goal is always to secure the maximum compensation you deserve, by any means necessary. Don’t leave your case to chance. Contact Probinsky & Cole today for a consultation.