When pursuing a personal injury case, the claim may be settled without going to court or proceeding to trial. If your case is the latter, common reasons why it is up for trial are the following:
- Statute of limitations
- Liability dispute
- Major injuries
- Low settlement offer
Read on to learn more about why personal injury cases go to trial.
Why Do Personal Injury Cases Go To Trial?
Statutes of Limitations
Generally, a statute of limitation is a timeframe or deadline for filing a lawsuit. This varies depending on the state or location and the type of case. Typically, you may pursue a personal injury case within two years from the accident.
Other types of cases that may be connected to personal injury are the following:
- Property damage claim: you may file this within three years from the date of the car crash that resulted in damage.
- Personal injury claim against the local government: you may pursue personal injury claims against the local government within six months of the accident.
Lawyers decide to move the case to trial when the negotiation takes too long. If your accident attorney fails to pursue the case within the statute of limitations, you will face several consequences, such as:
- The personal injury claim will not be valid.
This means you won’t recover any compensation from the accident.
- The accident attorney may face legal consequences.
You may file a lawsuit against the accident attorney if they neglect your case.
Liability Dispute
Sometimes, it is challenging to prove that the other party’s negligence caused the car accident, such as when:
- you have limited evidence to support your claim;
- there are contradicting witness testimonies; or
- information relevant to the case doesn’t align.
Furthermore, if you are less than 50% at fault for the accident, you are entitled to the remaining percentage as compensation. For instance, if you are 20% responsible for the car crash, you will receive about 80% restitution.
However, the jury or judge will dismiss your case if you are 50% or more responsible for the incident.
Major Injuries
Car crashes may be catastrophic. You may experience the following bodily injuries when involved in a severe auto accident:
- Head and back injuries,
- Soft tissue lacerations
- Bone fracture, or
- Internal damages.
Having severe injuries from an accident is costly. You will deal with therapies, consistent doctor’s appointments, prescriptions, and other medical expenses.
Unfortunately, the more severe and expensive your injury is, the more likely the other driver’s insurance provider will refuse to pay. This is why some lawyers decide to pursue personal injury trials.
While having ongoing treatment, make sure to:
- Have consistent treatments.
Insurance companies may use the gaps in your treatment as a reason to refute your claim.
- Get the right doctor for your injuries.
You must seek the proper treatment and contact a doctor specializing in your type of injury. If not, the insurance company may see this discrepancy and argue that your injury is not from the accident.
- Collate all medical records related to the crash.
All documents and medical records will prove that the accident caused your physical injury.
Your bodily injuries are vital in personal injury trials. The nature and severity of your claim depend on how much damage the auto collision caused and how these injuries affect your life.
Low Settlement Offer
Despite the valid arguments you present to the opposing party, they will find ways to refute your claim. They will either reduce your compensation or not pay you at all. When the at-fault driver’s insurance company refuses, your attorney will likely proceed to a personal injury trial.
The question victims usually ask is, “is it worth going to trial?’
While the initial settlement offer may cover your current expenses from the crash, you will likely receive more compensation if you move forward with a personal injury trial. This is because accident attorneys will examine all possible areas to add when calculating the settlement amount, such as:
- Medical bills
- Lost earnings
- Pain and suffering
- Emotional distress
- Property damage
- Future loss of income
- Cost award if you win the case
We understand that dealing with personal injury trials is overwhelming. You can reach out to a personal injury lawyer to help you gather the necessary evidence to support your case and defend your claim.
Is It Better To Settle Or Go To Trial?
Typically, your lawyer will try to settle your case without going to a personal injury trial. When you agree outside of court, it is usually less stressful and demanding.
However, there are instances where you will need to proceed to litigation, as mentioned above. The advantages and disadvantages of having personal injury trials are as follows:
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While there are pros and cons to pursuing a personal injury trial, there are factors to consider when choosing which method to use when claiming restitution. An accident lawyer can help you determine the severity of your case and which settlement process you should go through.
A personal injury lawyer can:
- Examine the accident
- Collate evidence necessary to support your claim
- Calculate the total damages from the accident
- Prove liability
- Meet deadlines
- Weigh which settlement process is best to use
- Defend your case
Understanding the steps to resolve an accident may be challenging. We, at Larry H. Parker Law Offices, have experienced accident lawyers in Southern California who can help you sort your case and fight for your rights relentlessly.
We are eager to hear your side of the story. Contact us at 866-311-2457 or schedule a free legal consultation.
