South Florida Personal Injury Blog

According to Broward personal injury attorney Andrew Alitowski, the vast majority of lawsuits filed in the United States never go to trial. Although many or even most plaintiffs file a lawsuit with the intention of taking the case all the way to a trial – both to seek damages and possibly to punish the people or entities who caused their injuries – it is not always a realistic goal.

A few cases are dismissed, says Fort Lauderdale accident lawyer Alitowski. That can happen where the plaintiff provides no evidence to support his claim or does not ‘prosecute’ his case (which generally means filing a lawsuit but not pursuing the case). It can also happen where the factual allegations that the plaintiff makes do not legally meet the definition or the elements of the tort under which he seeks to recover damages. An example of this would be if a man filed a lawsuit for false imprisonment, alleging that his neighbor parked her car in front of his driveway. Although he was slightly confined in that he would have been unable to move his car without driving onto his well-manicured lawn, he was not prevented from freely moving in the sense that he could recover under a false imprisonment theory.

In other cases, the facts and liability are hotly contested, says Fort Lauderdale accident attorney Alitowski. This scenario might occur often with car accidents, when both drivers who were involved in an accident believed that they had the right of way. Betsy believes that she had a green arrow when making a left turn at an intersection, while Bob is insisted that he had a green light. The two vehicles collide, causing vehicle damage and physical injuries. A trial may be appropriate to get testimony and other evidence regarding which vehicle actually had the right of way at the time the motor vehicle accident occurred. Car accidents are among the most common reasons people seek out a good personal injury attorney.

Settlements occur in a variety of cases – and surprisingly, not only for cases in which one party is clearly at fault. A big corporation may settle with a small time plaintiff rather than spend the resources investigating a slip and fall case or taking it to trial. A person or business who is afraid of being forced to pay a very large award of monetary damages, even if the risk is not high – perhaps 50/50 – may settle for a significantly lower amount in order to minimize the risk. Taking a case to trial always carries some risks for both sides and a settlement, while it may or may not provide a lower payout, nonetheless provides guaranteed funds for a plaintiff in need.