Reasons for Taking Your Personal Injury Claim to Trial

Personal Injury Claim to Trial

Have you ever wondered why some people take their personal injury claims to trial? Usually, personal injury claims, such as those due to car accidents or slips-and-falls, are resolved through an out-of-court legal process where you and the other party only need to agree on a fair settlement without going to trial.

While it may seem more straightforward to settle outside of court, there are instances when going to trial is necessary. This article will help you understand why pursuing a personal injury lawsuit is essential and what to do to win one.

How Are Personal Injury Cases Resolved?

Personal injury cases can be resolved through various methods. However, mediation is the most common and simplest way to settle a personal injury claim. 

Mediation is a voluntary process in which a neutral third party, known as a mediator, facilitates discussions between the parties to reach a settlement. Note that the mediator does not make decisions; instead, they support the parties in obtaining a mutually acceptable arrangement or settlement. Mediation can be an effective technique to resolve disputes in a less hostile environment than a courtroom. Settlements through mediation can be favorable since they often result in faster outcomes and save time and money over going to trial. 

However, the personal injury claim may escalate to a trial if several legal issues arise. Examples of this may be a dispute over liability or a disagreement on the settlement value. 

Reasons for Taking Your Personal Injury Claim to Trial

While it may entail extra effort, time, and costs, sometimes, forwarding your case to court might be the best solution for you to receive maximum compensation for several reasons.

Dispute Over Liability

Sometimes, demonstrating the other party’s fault in an accident can be challenging, such as when there is insufficient evidence to substantiate your claim, witness testimonies conflict with each other, or relevant information about the case fails to align.

When the other party’s insurance company sees these issues, they may claim that you are partially or fully at fault for the case, leading to a case dismissal. You may pursue a personal injury lawsuit if you are certain that you didn’t cause the crash. 

If you are partly responsible for the accident, you may or may not receive compensation, depending on the jurisdiction of your state. For instance, under pure comparative negligence, you may still pursue a case if you are partially liable for the damages in California. However, your settlement will be reduced depending on how much you contributed to the accident. 

It is best to determine the jurisdiction of the state on such matters and contact a lawyer who knows how to go over these specifics and avoid having your case dismissed.

Statute of Limitations

The statute of limitations sets a specific time limit within which a lawsuit must be filed. When the statute of limitations expires, you will lose the right to bring a lawsuit or take legal action for your accident.

In personal injury cases, individuals typically have two years from the accident date to pursue legal action. However, this time frame varies depending on the state or jurisdiction and the nature of the case. For example, injured victims in Arkansas have three years to file a claim.

Let’s say a truck driver hits you in Bakersfield. Due to the car accident, you suffer a permanent leg disability. Since the treatment took so long, you now have limited time before the statute of limitations expires. In such a circumstance, Bakersfield personal injury lawyers can determine if the remaining time can be sufficient when filing a case and how to speed up the legal process for you to receive fair compensation.

Lawyers opt to proceed to trial when negotiations extend beyond a reasonable timeframe. Suppose your accident attorney fails to initiate legal proceedings within the statute of limitations. In that case, you may encounter several consequences, such as your claim becoming invalid, resulting in no compensation for the accident.

Your accident attorney may then encounter legal ramifications in such an instance, as you can pursue legal action against them for negligence in handling your case.

Severe Damages

Suffering severe injuries in an accident can lead to substantial expenses. You may face costs for therapies, frequent doctor’s visits, prescriptions, and other medical necessities. In a personal injury case, these damages are crucial as they are the basis of your settlement’s value.

Unfortunately, the more severe and costly your injuries, the higher the probability that the at-fault driver’s insurance provider will deny compensation. This is why some attorneys opt to pursue personal injury trials.

Insufficient Settlement Offer

If the insurance company’s settlement does not fully cover your damages, like medical bills, lost wages, and other losses, going to trial may be your only option for obtaining appropriate compensation.

While you can pursue a personal injury lawsuit, is it really worth the time, effort, and cost? Although the initial settlement offer might address your immediate accident-related expenses, opting for a personal injury trial typically results in higher compensation. This is because accident attorneys meticulously assess all potential avenues to include when determining the settlement amount.

Aside from the financial losses of the accident, they will determine if you suffered non-economic damages, such as emotional distress, pain and suffering, or loss of life enjoyment. They can quantify these and add them to your total compensation.

They can also contend for punitive damages, which are additional costs included in your settlement, if the court finds the at-fault party’s actions extreme or malicious. However, only the court can decide about this. 

Do I Need to Hire a Lawyer for a Personal Injury Claim?

Hiring an attorney is always a good idea, especially if your case faces several legal issues that may hinder you from getting the compensation you deserve. A lawyer can help you manage complex legal procedures, assert your rights, negotiate with insurance companies, gather evidence to support your case, and ensure you are compensated fairly for your injuries and losses. Furthermore, an attorney may provide the best legal advice and handle all parts of your case, freeing you to concentrate on your rehabilitation without the extra stress of legal proceedings.


Subscribe to Our Newsletter

Related Articles

Top Trending

Chief of Staff Calendar Management
How to Manage Your Calendar Like a Chief of Staff
9 Best Open-Source AI Models You Can Run Locally
9 Best Open-Source and Open-Weight AI Models to Run Locally
Referral Program Examples
10 Referral Program Examples and Why They Work
On This Day September 8
On This Day September 8: History, Famous Birthdays, Deaths & Global Events
Hidden GSC Filters for More SEO Opportunities
7 GSC Filters That Uncover Hidden Opportunities

Technology & AI

9 Best Open-Source AI Models You Can Run Locally
9 Best Open-Source and Open-Weight AI Models to Run Locally
Referral Program Examples
10 Referral Program Examples and Why They Work
no code tools for saas mvp
10 Best No-Code Tools for Building a SaaS MVP
design partner program
What Is a Design Partner Program and How to Run One
Why Most AI Website Builders Lock You In (And How to Avoid It)
Why Most AI Website Builders Lock You In (And How to Avoid It)

GAMING

Complete Guide on Game Programgeeks
Game Programgeeks: A Complete Guide on PC, Game Dev, and Tech
Online Color Game Philippines
Online Color Game Philippines: What Every Beginner Should Know Before Playing
Ways to Reduce Game Development Costs
12 Ways Studios Cut Game Development Costs
NFT game development cost
How Much Does NFT Game Development Cost? A Realistic Budget Breakdown
Reasons Why You No Longer Need the Best Roblox AI Scripter
Forget Best Roblox AI Scripter: 10 Reasons Why You No Longer Need It

Business & Marketing

Choosing the Right Heat Sealer for Your Packaging Line
Choosing the Right Heat Sealer for Your Packaging Line
Container Hire in Melbourne A Practical Guide for Builders and Businesses
Container Hire in Melbourne: A Practical Guide for Builders and Businesses
Tie Down Straps 101 A Practical Guide to Securing Your Load
Tie Down Straps 101: A Practical Guide to Securing Your Load
Low Minimum Order Merchandise
Big Impact, Small Batch: The Strategic Power of Low Minimum Order Merchandise
A side-by-side illustration exposing link building myths by contrasting budget lost on spammy backlinks with long-term SEO growth to help marketers protect their investment.
Stop Wasting Money: 10 Link Building Myths Ruining Your ROI

EdTech & E-Learning

How EdTech Startups Make Money
How EdTech Startups Make Money: Business Models Explained
Teaching Alphabets to Children at Home
How to Teach the ABCs at Home Without a Classroom
What Is Number Sense
What Is Number Sense and How Do Kids Develop It?
Best VR and AR Apps for Education
9 Best VR and AR Apps for Education
Orthographic Mapping
What Is Orthographic Mapping? Why Words Stick: A Practical Guide

Software & Apps

Payment Gateways for SaaS Startups in South Asia
10 Best Payment Gateways for SaaS Startups in South Asia
imaginelab.art review
ImagineLab.art Review: Features, Use Cases, Strengths, and Who It Is For
Best Cross-Platform Apps
10 Best Cross-Platform Apps That Sync Everywhere
I Compared 13 AI Video Generators for Ecommerce Product Videos
I Compared 13 AI Video Generators for Ecommerce Product Videos
Best Study Apps for Exam Preparation
10 Best Study Apps for Exam Preparation