Following a personal injury in Florida, victims may find themselves at a crossroads, contemplating whether to pursue litigation or make a settlement. Understanding the nuances of these two paths is vital in order to make informed decisions that match with the unique circumstances of each case.
Do You Need a Trial Lawyer Even if You Prefer a Settlement?
Personal injury claims in Florida and the rest of the country almost always get finalized through settlements. The U.S. Department of Justice data shows that only about 4% to 5% of personal injury cases end up going to trial.
However, trial experience is a powerful weapon in a personal injury lawyer’s arsenal. Once the defendants and their insurance company realize that the plaintiff has hired a lawyer with proven trial capabilities and a demonstrated track record of court verdicts, they are often reluctant to face the jury and are more willing to settle the case fairly.
With over 35 years of litigation experience and an exemplary track record of success, Larry Moskowitz is a seasoned personal injury attorney in Florida you can trust. His background as an Assistant State Attorney/Prosecutor in Broward County, Florida, equipped him with invaluable trial experience that sets him apart in the legal field.
Having handled thousands of civil cases and conducted over 150 trials to verdict, Moskowitz is renowned for his resolute focus on achieving maximum compensation for his clients. When you choose Larry Moskowitz, you are choosing a skilled litigator who will fight tirelessly to secure the compensation you deserve.
Litigation Process in Personal Injury Cases in Florida
Commencement of Lawsuit
Filing a Complaint: Litigation begins with the injured party, the plaintiff, filing a formal complaint against the alleged responsible party, the defendant, outlining the details of the incident, injuries sustained, and the compensation sought.
Discovery Process
Information Gathering: Both parties engage in the discovery process, where they exchange information, documents, and evidence relevant to the case. This phase may include depositions, interrogatories, and requests for documents.
Pretrial Motions
Legal Arguments: Florida personal injury attorneys may file pretrial motions to address legal issues or seek the dismissal of certain claims. This phase is essential for shaping the scope and direction of the trial.
Trial Proceedings
Courtroom Presentation: Litigation culminates in a trial, where both parties present their cases before a judge and possibly a jury. Witnesses are called, evidence is presented, and legal arguments are made.
Verdict and Appeals
Judicial Decision: The judge or jury delivers a verdict based on the presented evidence. Either party may appeal the decision if they believe legal errors occurred during the trial.
Settlement Process in Personal Injury Cases in Florida
Negotiation and Communication
Pre-Litigation Phase: Settlement discussions can begin even before filing a lawsuit. Both parties, along with their attorneys, engage in negotiations to reach an agreement without resorting to formal legal proceedings.
Formal Settlement Agreement
Legal Document: When an agreement is reached, the terms are formalized in a settlement agreement. This document outlines the compensation amount and any other relevant conditions, and it is legally binding.
Finality and Closure
Avoidance of Trial: Settlements provide a quicker resolution, allowing parties to avoid the time, expenses, and uncertainties associated with a trial. Once the settlement is finalized, the case is considered closed.
Litigation vs. Settlement: Factors Influencing the Decision
Strength of the Case
Evidence and Legal Merit: The strength of the evidence and the legal merits of the case may influence the decision to pursue litigation or agree to a settlement.
Time and Costs
Efficiency Considerations: Settlements are often quicker and more cost-effective than litigation. Factors such as medical bills, ongoing expenses, and time constraints may sway parties towards settlement.
Control Over the Decision
Decision-Making Authority: Litigation involves relinquishing control to the legal process and the court. Plaintiffs and defendants often prefer the autonomy and decision-making authority afforded by settlement negotiations.
Larry Moskowitz’s Trial Capabilities: A Strategic Edge in Personal Injury Settlement Negotiations in Florida
In personal injury cases, the ability to go to trial is a formidable asset that can significantly enhance negotiating leverage during settlement discussions. Larry Moskowitz, the leading Florida personal injury attorney, stands out for his trial readiness even while the negotiations are ongoing.
Here’s how Moskowitz’s extensive trial experience and strategic trial preparedness contribute to a dominant position in settlement negotiations, ensuring maximum financial compensation for clients who have suffered injuries and losses.
Extensive Trial Experience
Larry Moskowitz’s legal journey, spanning over 35 years, includes a significant tenure as a former prosecutor in Broward County, Florida. During his distinguished career, Moskowitz has been on both sides of the legal fence, gaining valuable insights into the dynamics of trials and litigation. Handling thousands of civil cases and conducting over 150 trials to verdict, Moskowitz has developed a reputation as a skilled litigator dedicated to achieving the best possible outcomes for his clients.
Strategic Trial Preparedness
What sets Larry Moskowitz and his team apart is their proactive approach to trial preparations, even while settlement negotiations are in progress.
Demonstrated Resolve: The commitment to trial preparations shows a level of resolve that sets the tone for negotiations. Opposing parties recognize Moskowitz’s determination to pursue justice in court, compelling them to take settlement talks seriously.
Pressure during Negotiations: By maintaining trial readiness throughout negotiations, Moskowitz keeps the pressure on the opposing side. This aggressive stance signals that the legal team is prepared for any outcome, creating a sense of urgency to reach a fair settlement.
Confidence and Credibility: Trial preparedness enhances Moskowitz’s credibility as a seasoned trial attorney. The confidence that comes from being well-prepared instills trust in clients and instigates a sense of caution among adversaries, fostering an environment conducive to fair negotiations.
Increased Negotiating Leverage: Armed with a record of trial cases and a reputation for trial expertise, Moskowitz negotiates from a position of strength. The implicit message is clear – a fair settlement is a prudent option for the defendants, given the readiness to pursue the case in court.
Choose the Fighter with a Demonstrable Record of Large Settlements and Verdicts
Florida personal injury lawyer Larry Moskowitz’s formidable track record speaks for itself. He personally gives each case the attention it demands, fighting to achieve maximum compensation for his clients in auto accidents, slip and fall accidents, wrongful death, medical malpractice, nursing home abuse, and other cases.
Our initial consultations are free, and if we don’t win, you owe us nothing. If you or someone you love has suffered injuries due to another’s negligence, it is time to fight back. Call us today at 866-312-0708 to schedule a free case review. At Larry Moskowitz, PA, your maximum financial recovery is our mission.