Generally, personal injury claims are resolved through a settlement between both parties. Compensation is usually paid by an insurance company.
However, there are times when both parties cannot reach a settlement. Often, the insurance company’s settlement offers are rejected by the victim’s attorney because they do not provide enough compensation. When this happens, the only other option for obtaining compensation may be filing a lawsuit.
There are a variety of other reasons why a personal injury claim may go trial, and they are discussed below.
Common Reasons Why Your Case May Need to Go to Trial
Most insurance companies and lawyers know that settling an injury claim before going to trial is ideal for both sides because trials can be expensive and lengthy. However, sometimes going to court is unavoidable if you and your attorney want to recover maximum compensation for damages.
Here are some common reasons why your case may need to go to trial:
- You received a lowball offer – Insurance companies usually offer much less compensation than the value of victims’ damages, as they are looking to save themselves money. If insurers did not do this, they would not be profitable. Even if your lawyer continues negotiating, the insurance company may not budge, or they may increase their offer by a tiny amount.
- Your demands are too high – Sometimes insurance companies may try to deny your claim saying that your demands far exceed your damages. If the insurance company does not offer more compensation, your lawyer may need to file a lawsuit and go to trial.
- Fault is unclear – When fault for an accident is unclear and neither side admits to having caused the accident, this could leave the plaintiff no other choice but to bring the case to court.
- Inconclusive evidence – Insurers may not agree to pay for medical costs if the severity of your injuries is not proven with the proper medical documentation. If you lost wages from missing work because of your injury, you must show proof of this as well. If you suffered property damage, you must provide documentation of an official assessment of the damages sustained.
Since most personal injury cases are settled before going to trial, many lawyers do not bother preparing their cases for trial. Some insurance companies may be much less likely to make a fair settlement offer if they know your lawyer has very little trial experience.
At Goldberg Finnegan, our Silver Spring personal injury lawyers are always prepared to go to trial to fight for maximum compensation.
Why is Avoiding a Trial Preferable?
Most lawyers and insurance companies would rather settle a claim prior to going to trial for several reasons including:
- Avoiding additional costs – Going to trial means both parties will need to spend more money. When insurance companies learn that you have a lawyer with trial experience, they may offer a last-minute settlement to avoid going to court.
- Saving time – When the two sides cannot agree on a settlement, going to trial can turn out to be a lengthy process. Some clear-cut cases can take several months, while more complex cases can possibly take more than a year before a final decision is made by a judge or jury.
- Uncertainty – When the plaintiff decides to file a lawsuit and go to trial, there is no guarantee to winning any compensation. If you do not win your case, you could end up not winning compensation and having to cover court fees. However, sometimes you could be offered a pre-trial settlement.
Call a Licensed Attorney to Learn More About Your Legal Options
If you have any questions about your personal injury claim, contact a licensed attorney at Goldberg Finnegan for a Free Case Review. We charge zero upfront fees and there is no need to commit to our firm for legal representation, even after your Free Case Review. We only get paid if we win your case.