Personal injury claims can be frustrating, especially if they go to litigation. Come see why some claims fail to reach settlements and must be taken to court.

What factors would cause my personal injury case to go to court?

 

A:

Personal injury cases can be extremely complicated due to the numerous factors involved. In addition to proving that the defendant is liable for your injuries, you must also prove the degree of his liability. Furthermore, the extent of your injuries must be evaluated as well as the monetary “value” of your suffering. Once all of these have been determined, the claim can then be disputed between you, your attorney, your insurance company, the defendant, and the defendant’s insurance company in order to determine the future of the claim. Will it be settled or will it go to litigation? 

  • Settlement. A settlement is basically a resolution between the disputing parties that is unanimously agreed upon either before or after court action begins. In personal injury claims, the resolution is usually found in an agreed-upon number for monetary compensation, also known as a settlement amount.
  • Litigation. When a resolution cannot be agreed upon, the claim will be forced to go into litigation. Litigation is essentially a lawsuit filed with the court in order to determine the outcome of the claim. When an insurance company or negligent party refuses to pay damages or entertain a settlement, a judge or jury will listen to the facts of the accident and determine the appropriate settlement amount and who is liable to pay whom.

Reasons for Litigation

Considering how no one wants to voluntarily pay for their mistakes, and insurance companies don’t relish paying out, settlements can be difficult to obtain. Consequently, there are several reasons a case may have to go into litigation. These include:

  • Resistant insurance companies. The insurance company refuses to settle because it thinks that you and your lawyer have asked for more money than the accident was worth or that they’re voluntarily willing to pay without a court order.
  • Liability confusion. The defendant or his insurance company denies fault or believes that you or some other party bears some responsibility for the accident, and should, therefore, bear monetary responsibility as well.
  • Injury suspicion. The insurance company fails to believe that you were injured as a direct result of the accident, or that you were injured as badly as the claim suggests.

Wherever Your Claim Leads, Make Sure You Have the Help You Need

Before pursuing your injury claim, take advantage of your free consultation by scheduling an appointment with our office. Attorney Andrew Kim has been serving injured clients in the area for over 20 years and has the experience and know-how to push your claim toward a successful conclusion. Contact us today at 1.800.636.3676, to ensure you have the muscle and support you need, no matter where your claim leads.