Suffering an injury due to someone else’s negligence can be a difficult and stressful experience. You may have incurred medical expenses, lost wages from missing work, and experienced pain and suffering. You may be wondering if you need to go to court to receive compensation for your losses. There are a few factors to consider when determining if court action is necessary for a personal injury claim.
The majority of personal injury claims settle out of court through negotiations between the injured party (the plaintiff) and the at-fault party’s insurance company. Insurance companies aim to settle claims quickly and for less money than may be awarded in court. However, sometimes cases cannot be settled out of court for an acceptable amount. Factors like the severity of injuries, amount of damages, and liability disputes may lead to court action being necessary.
It’s important to try settling first before initiating court proceedings. This involves calculating all your damages, submitting that demand to the insurance company, and negotiating a settlement. If the insurer refuses to offer a fair settlement, then litigation may be your only recourse. The statute of limitations dictates how long you have to file a lawsuit after an accident, so it’s crucial to act fast if negotiations reach an impasse.
There are costs associated with going to court, including attorney‘s fees, lost wages from missed work, and court costs. But sometimes only a jury can decide what your claim is truly worth. Personal injury cases involve complex legal procedures and rules of evidence. Having an experienced personal injury attorney represent you is key. They can properly investigate your claim, determine liability, file the lawsuit, handle discovery, negotiate with the defense, and take the case to trial if necessary.
Certain types of cases often end up in court more frequently, including:
– Severe or fatal injuries: High damages may make the defense unwilling to settle.
– Disputes over liability: If fault for the accident is unclear, the case may require a trial.
– Claims against government entities: They rarely settle and have complex laws regarding lawsuits.
– Product liability claims: Manufacturers often rigorously defend these suits in court.
While most claims settle out of court, sometimes filing a lawsuit is unavoidable. This is reserved for when negotiations reach an impasse or the defendant refuses to make a fair offer. By hiring an attorney and being prepared to go to trial if needed, you can maximize your chances of receiving full compensation for your injuries.
