Personal injury cases rarely go to trial. Most of the time, lawyers and insurance companies negotiate a settlement. However, there are scenarios where a trial is more likely.
In this blog, our Lafayette personal injury attorneys discuss when injury lawyers go to court and why. We also review the disadvantages and advantages of going to court.
Our lawyers have decades of experience helping injured victims recover the compensation they need, both in negotiations and in court. Galloway Jefcoat can answer your legal questions and help you determine your legal options.
Turning Wrong Into Right: 337-984-8020.
What Are the Steps in a Personal Injury Claim?
While each case is unique, these are some of the main steps involved:
Attending a Legal Consultation with an Attorney
You meet with an attorney to explain the specific details of your case. Your attorney can explain the potential next steps and what you need to know about the legal process.
At Galloway Jefcoat, an initial consultation with an attorney does not cost you anything. There is also no obligation to hire our firm to represent you. The decision is up to you, but we provide the information you need to know about working with our firm and what to expect from the legal process.
Gathering Evidence and Documentation
Once you hire a lawyer, he or she can get to work building a case. This starts with investigating your accident and injuries. Your lawyer needs proof of another party’s negligence, along with evidence linking your injuries and damages to the accident. Some of this evidence may include:
- Medical records
- Statements from witnesses
- Expert opinions, such as from medical professionals or accident reconstruction experts
- Physical evidence from the scene, including pictures of the damaged vehicles, skid marks and more
- Pain journal documenting your injuries and symptoms
- Employment records, which serve as proof of lost wages and could be used to establish the value of any lost earning capacity
Negotiating with Insurance Companies
Once your injuries heal, or you reach maximum medical improvement, your lawyer can send a formal demand letter to the insurance company. The letter requests a specific amount of compensation to resolve your injury claim.
Insurance companies may offer compensation before your lawyer sends the demand letter. However, the amount they offer is usually not enough to cover the cost of your damages and injuries. The amount they offer after receiving the demand letter is also likely to be less than the value of your claim.
Your attorney can negotiate with the insurance company to seek a higher settlement offer. In fact, attorneys and insurers often exchange multiple offers before reaching agreement on a fair settlement.
It could take several months or more to reach a settlement. However, many injury claims end with a settlement as opposed to a courtroom decision.
Why Does a Personal Injury Case Goes to Court?
Sometimes, despite an attorney’s best efforts to negotiate a fair settlement, an injury case goes to court. Here are a few of the common reasons why personal injury lawyers go to court to secure compensation:
Denied Claims
If the insurance company denies the claim, you may need to go to court to continue pursuing fair compensation for your damages. Insurance companies may allow victims to file an appeal, but if that does not work, filing a lawsuit may be your only remaining option.
Disputed Liability
The insurance company may deny liability for the accident. They may say their policyholder did not engage in negligence. They may even claim the victim is the at-fault party and should be responsible for damages.
More Compensation May Be Available in Court
Lawyers are often able to secure more compensation in a courtroom compared to settlement negotiations. Experienced attorneys know the strength of a case and their chances of success in the courtroom. That is why it is so important to hire a lawyer with a history of results in court. You need to be able to trust their judgment on when to file a lawsuit.
Catastrophic Injuries
Insurance companies are more likely to deny or undervalue claims involving serious injuries. They are trying to avoid paying full compensation to protect their bottom line.
Catastrophic injury claims often involve much higher medical and long-term care costs, including the cost of rehabilitation, caregiving, home or vehicle modifications, prescription medications, and more.
Ensuring Accountability
Court decisions can establish legal precedents that benefit future claimants. For example, a case may reveal an insurance company’s unethical practices. This could lead to new laws that set a new standard for how insurance companies operate.
Taking a case to court also raises public awareness, which could lead to corporate accountability. Exposing some companies’ unethical conduct to wider public attention may be necessary for changes.
What Are Some of the Advantages of Taking a Case to Court?
Although lawsuits take longer to resolve than insurance claims, there are some advantages in going to court:
Your Lawyer Can Appeal a Courtroom Decision
Settlements are final, but courtroom decisions can be appealed. That means you may be able to seek additional compensation or challenge aspects of the decision.
Filing a Lawsuit May Compel a Settlement
Taking things to court could be the final push needed to get the insurance company to make a better settlement offer. This could lead to the resolution of your case, providing you the compensation you need.
Potential for Higher Compensation
Juries often have more sympathy for injured victims than insurance companies, increasing the potential for larger compensation awards, especially for non-economic damages like:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Public Record
Court proceedings are public record, which may benefit similar cases in the future. Your case could set a precedent for how future cases are handled and ensure that other plaintiffs are able to seek justice.
What Are Some of the Disadvantages of Taking a Case to Court?
Before you decide to take a case to court, it is important that you know some of the disadvantages:
Court Cases are Public Record
The lawsuit could expose some private information that you would prefer to stay private, such as:
- Financial details
- Medical records
- Employment information
- Family matters
- Criminal history
- Educational records
Stress
The legal process can be emotionally draining for all parties involved. Sometimes, stress comes from the time commitment of preparing for and attending court proceedings. Lawsuits could also put a strain on personal and professional relationships.
Uncertainty
When you settle, you know you are getting compensation. If you take a case to court, there is a chance you might not receive anything. There is no guarantee of a favorable verdict. Even if your lawyer presents a strong case, the verdict may not align with all your expectations.
Contact Galloway Jefcoat to Discuss Your Potential Case
Galloway Jefcoat has decades of experience representing the injured. We have secured millions for our clients, whether in settlement negotiations or through lawsuits.
Our knowledgeable attorneys are prepared to support you during these difficult times, with no upfront costs or legal obligations.
Schedule a free case review by calling 337-984-8020.
June 11, 2021
Lafayette Parish