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Do I Have to Go to Court to Get a Settlement?

The statute of limitations provided for personal injury claims under Florida law give you four years from the date of your personal injury to file a claim against the party at fault, except in cases of medical malpractice, where the statute is two years. Although these are the time limits to file a lawsuit, you may not necessarily need to file a lawsuit. Most personal injury claims are settled out of court, with the insurance company for the responsible party.

Even if you do need to file a lawsuit to preserve your rights of recovery, this does not mean you will need to go through a trial. Insurance adjusters are motivated to avoid trials, as juries do not usually favor the insurance company in trials. Insurance adjusters also have an interest in settling claims before exorbitant legal fees are spent, a position that lends itself to settlement out of court. It is overwhelmingly likely that your case will settle before it ever gets to trial, but depending on the facts and circumstances of your case, settlement might not be reached until after a lawsuit is filed and discovery is taken.

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