Will You Have To Sue And Go To Trial In An Injury Case?
When people imagine moving forward with their injury cases, it's not unusual for them to assume things will involve a personal injury lawyer presenting arguments at a trial. Although this is far from an impossible outcome, it's still not close to the most likely thing that will happen. Here's what clients should know about the possibility they might have to sue and go to trial.
There Probably Won't Be a Trial
Folks who are hell-bent on going to court and getting justice should take a moment to breathe right now. By most estimates, about 95% of injury cases will never be tried.
It takes a lot of failures for a legitimate case to be rejected because the insurance company's representative, usually a claims adjuster, is authorized to pay out any claim they deem legit. The adjuster has to make a strong effort to rule out clearly fraudulent claims, but after that, their objective is to avoid getting the insurance company into an expensive and drawn-out legal battle.
A Settlement Is Almost Always the Goal
One fortunate thing about the injury claim process is that both sides' interests are often aligned, at least as a general rule. The claimant or plaintiff, in this case that means your side, usually needs money to pay for medical bills and to make up for lost wages. The insurance company wants to retire the issue and get the case off the books.
To the extent there may be friction, it is usually regarding the amount of compensation offered. A factor that can push an injury case closer to a lawsuit is just how far the two sides are from settling. If negotiations fail to reach a number both sides can agree on, then it might be time to sue.
Showing Exhaustion
As previously mentioned, wanting to go to court doesn't mean you'll be going to court. Every judge has the power to order both sides back to the bargaining table. For a judge to humor a case, they usually need to see some evidence that both sides have tried every possible means of settling the case. This process is sometimes known as proving exhaustion, and it's meant to keep the court from committing too much of its time to trials.
The Power of Discovery
The discovery process is a time in the case where the judge orders both sides to hand over whatever relevant evidence they might have. Sometimes, a personal injury attorney discovers a bit of evidence that appears during discovery that flips the case. Suddenly settling the case looks cheaper than getting into a jury trial.
If you need help with a personal injury case, don't hesitate to call a personal injury lawyer.
Share