If you've consulted with a personal injury lawyer, you know that the majority of personal injury cases never see the inside of a courtroom. What about those that do? What was different about that case that resulted in a trial, and is yours likely to be headed in that direction? Read on to learn about situations that may warrant a trial.
Situation #1: The Defendant's Insurance Company Refuses to Pay Up
While most insurance companies are happy to settle outside of court, you may come across a particularly stingy one that doesn't want to accept the insured party's blame and cough up the cash. While retaining a lawyer like Lerner, Piermont & Riverol, P.A. is enough to get most companies to settle in your favor, you may actually have to go through with your threat and and go to court.
If this is the case, your lawyer will help you to collect the proper documentation to prove the defendant's guilt, and the judge (or jury, depending on how far this goes) will decide the appropriate amount to be awarded to you.
Situation #2: You and the Responsible Party Cannot Come to a Mutual Agreement
Perhaps the defendant's insurance company only wants to pay a portion of your bills. Maybe they'll refuse to pay for any future medical costs and only offer to cover medical bills that were obtained immediately following the injury. Whatever the case may be, this situation means you'll go to court in the hopes of being awarded a higher amount than the defendant's insurance company is willing to pay.
While your attorney cannot predict what the judge or jury will award down to the last penny, they can give you a pretty good idea of a ballpark figure. There are so many factors that will affect the outcome that a ballpark is all that can be expected.
If, after speaking with your lawyer, you'd still like to proceed, they can help you gather all the documentation you'll need for your case and file all of the paperwork that needs to be filed.
Situation #3: You Don't Share As Much Blame As Originally Thought
Different states handle shared blame differently. If you live in Alabama for instance, you aren't able to collect compensation if you're found to be as little as 1% responsible for your injury! Other states have less strict laws, such as collecting only the percentage of your bills that you aren't responsible for. But if you think you were unfairly blamed for your personal injury, you may have to take the responsible party to court.
A personal injury attorney can explain the shared blame laws in your state and help you to determine your next steps. If you decide to head to court, you may be instructed to find credible witnesses who saw the accident occur or who saw the defendant take full responsibility for your injury.
Fortunately, the majority of personal injury cases settle outside of the courtroom. After you've been injured, the last thing you want to do is fight for what you deserve!Share