Most personal injury cases don’t go to court. This is mostly because trials are lengthy and take a lot of time to complete, and often expose the defendant and plaintiff to public scrutiny. Additionally, trials are quite expensive, and it’s cheaper for most defendants to settle out of court. However, in some instances, personal injury cases go to court.
When this happens, the first step a victim should take is to hire a professional attorney. DFW Injury Lawyers are skilled and well-versed in dealing with personal injury cases and trials, ensuring victims get fair compensation. The experienced combination of Pedro “Peter” de la Cerda and Kevin L. Edwards has won millions in compensation for their clients.
Let’s look at specific reasons why personal injury cases go to court instead of being resolved through out-of-court negotiations.
Dispute Over Liability
Liability refers to the process of determining who is at fault. Both parties may have conflicting versions of events, making it difficult to assign blame.
For example, in a car accident, the defendant may argue that the plaintiff was partially at fault because of distracted driving. Evidence and police reports may fail to support one side, causing the defendant to refuse liability.
Insurance companies use this to their advantage and try to coerce the plaintiff into taking a lower settlement. In such cases, the plaintiff and attorney may go to court so that the jury and judge can examine the evidence and decide.
Bad Faith Practices
Bad faith is when the insurance company attempts to evade its obligation and back out of a valid claim. These companies use unethical tactics to diminish responsibility and settle unfairly. Sometimes, insurance adjusters misrepresent the terms of their policies to minimize payouts and maximize profits.
When facing bad faith practices, plaintiffs have no option but to take the case to court. Filing a lawsuit can help expose insurance companies’ unethical behaviors. Courts take these cases seriously, and a plaintiff can be awarded punitive damages on top of their compensation. This serves as a penalty for insurance misconduct.
Insufficient Settlement Offers
After an injury, a victim submits a claim to the insurance company, citing damages such as medical bills, pain and suffering, and other costs. Sometimes, insurance companies offer an amount that barely covers the plaintiff’s necessary costs. They may fail to take into account factors like:
- Medical care
- Ongoing rehabilitation
- Long-term pain and suffering
Litigation allows plaintiffs to present the extent of their damages to court and seek appropriate compensation. An experienced attorney can help build a solid case and negotiate a settlement that reflects the impact of the injury on their lives.
Legal Strategy
Sometimes, going to court is a legal strategy by the plaintiff’s attorney. An experienced lawyer can advise their client to take a case to trial if they believe it could result in a better outcome than settling the matter out of court.
Also, legalities like multiple parties involved and expert testimony may warrant taking a case to court. An expert witness can strengthen the plaintiff’s case and increase compensation.
An attorney can use this to tell the victim’s story compellingly and seek sympathy and maximum compensation.
Conclusion
There are several reasons why personal injury cases go to court. This could arise from the insurance, plaintiff’s, or defendant’s side. Either way, hiring a skilled attorney when deciding to proceed to trial is essential to ensuring you get a fair settlement.
