When Do Personal Injury Cases Go To Trial?

If you suffered a personal injury, you may be nervous about the prospect of your personal injury case going to trial. This is especially true if you have never been involved in the trial process, which is the case for many Americans. While some personal injury cases go to trial, statistics show that most cases are resolved out of court. Specifically, statistics show that approximately 95% of pending personal injury lawsuits are settled out of court. This means only 1 in 20 personal injury cases goes to trial.

If you are curious whether your personal injury case will go to trial, consult a skilled personal injury attorney. But even before you consult an attorney, ask yourself if your case involves any of the following challenges that often lead to a case going to court;

Liability Disputes

You have a liability dispute when the defendant cannot accept responsibility for causing your injuries and damages. When the other party can’t accept liability, it increases the chances of a case going to trial. A personal injury settlement relies on the claimant and defendant agreeing. If you and the other party cannot agree on liability, thus, the amount of money that will resolve the issue, your case may need to proceed to trial, where a jury or judge will make the final decision after hearing both sides of the story. Personal injury cases involving liability disputes are the most common to proceed to trial.

Unsuccessful Settlement Negotiations

The second challenge that often leads to personal injury cases going to trial is unsuccessful settlement negotiations. You and the defendant might agree on liability but disagree about how much money you are entitled to receive. While a skilled personal injury attorney can negotiate on your behalf and persuade the at-fault party’s insurance company to offer a fair amount, some insurers refuse to increase their settlement offers even when a claimant’s attorney handles the negotiations.

If your case involves a catastrophic or permanently disabling injury, there is a chance that you might need to go to court. Such cases are often worth much more than insurance companies are willing to offer during settlement negotiations. If your attorney believes you deserve more than the insurance company is willing to offer, they may advise you to proceed to court.

Bad Faith Insurance

Bad faith insurance arises when the insurance company treats you badly and refuses to offer a fair settlement. Insurance companies are for-profit businesses that often use bad-faith insurance tactics to save money.

If the at-fault party’s insurance company acts in bad faith, taking them to court can force them to pay the full value of your case. Also, you may have a separate bad faith claim if the insurance company acts in bad faith. Such a claim allows you to recover additional damages for the mistreatment and unfair dealing you endured because of the insurance company.

Contact Us for Legal Help

Our Miami personal injury attorneys at The Pendas Law Firm can advocate for you and help you recover the compensation you deserve through settlement or, if necessary, through trial. Contact us today to schedule a consultation and discuss your case.

The Pendas Law Firm also represents clients in the West Palm Beach, Daytona Beach, Fort Myers, Fort Lauderdale, Orlando, Ocala, Tampa, Jacksonville, Naples, Melbourne, and Bradenton areas.

Source:

law.cornell.edu/wex/liability