Most cases settle. But some must be tried. When they are, you need a trial attorney who has actually been to trial — not one who has settled everything and hopes this case will too. This is why board certification, and a genuine trial record, matter when choosing your lawyer.

What the defense does before and during trial: Insurance companies use surveillance extensively. Private investigators may photograph or video you in public settings — at the grocery store, at a child’s sporting event — looking for anything inconsistent with your claimed injuries. This is legal. The answer is not deception — it is honesty with your doctors from day one about your actual limitations, not your best days.

Adjuster skepticism and “reptile” tactics: Defense attorneys use trial strategies designed to portray plaintiffs as exaggerators, malingerers, or lottery-seekers. Your attorney will prepare you to present authentically, and will counter these tactics with medical testimony, economic evidence, and the human reality of what you have been through.

Health insurance liens and subrogation: If your health insurance paid any of your medical bills, your insurer may have a subrogation lien — a right to be reimbursed from your recovery. These liens are negotiable in many circumstances and must be addressed before your case is fully resolved. Your attorney will handle this.

The verdict: Florida juries determine both liability and damages. Jury awards in legitimate injury cases can be significant, particularly when injuries are permanent or the defendant’s conduct was egregious. The process is longer and harder than settling — but sometimes it is the only way to achieve true justice.

Key Takeaways

• Insurance companies conduct surveillance — always be honest with your doctors about your limitations
• Trial attorneys with actual verdict records are fundamentally different from settlement attorneys
• Defense strategies are predictable — experienced trial counsel knows how to counter them
• Health insurance subrogation liens must be addressed before final resolution
• Florida juries can award both economic and non-economic damages
• Your trial attorney will present your case with medical experts and economic evidence