Do Personal Injury Lawyers Go To Court? The answer is Yes if the case warrants that. Sources confirms that over 90% Personal Injury Cases are settled out of court, so about 10% or less gets to court.
What this implies is that filling a personal injury lawsuit in the court is not the first line of action; the first line of action is mostly out of court settlement. The case only gets to the court if both parties fail to find a common ground for settlement.
Do Personal Injury Lawyers Go To Court?
A lot of persons are afraid of going to court because of what it involves; the time, energy, finance, etc. While your attorney can handle motion hearings and other pre-trial proceedings alone, you will usually need to attend, at least in part, if your case goes to trial. Often, plaintiffs must testify on the witness stand as part of a successful trial presentation. In some cases the court case may last for years, this is why out of court settlement most times is best for both parties, but there are some situations which may warrant filling a personal injury law suit.
Where Personal Injury Lawsuit is Considered
An injury claim can go to court if one or more of the following conditions are present:
- The defendant’s insurance provider is unwilling to pay the plaintiff reasonable compensation as the plaintiff deemed fit.
- Where the insurer is stubborn and sometimes they may never come to the table for negotiation, it may make sense to proceed to court. In most cases, your attorney will not find it worth the risk if there is only a small difference between what you want and what the insurance company is willing to pay.
- Where the defendant’s lawyer thinks a court case will favor the client; and the client has a strong case
- The injury attorney just wants to force the insurance provider to pay up or take the claim more seriously, this may not actually get to court, but the attorney just needs to push the insurer harder.
- The lawyer feels the plaintiff may be able to get a lot more money than the insurance provider is offering.
- The injury attorney want the court to impose punitive damages against the at-fault party if they feel there was extreme negligence. Generally, only courts award punitive damages.
Why Insurance Companies Refuse to Pay for Certain Claims Out of Court
- Lack of evidence: The insurance company will demand evidence that the injury was not the claimants fault, when any of that evidence is lacking, the insurance company may be skeptical of the claim.
- Expired Statutes of Limitation: For instance, Indiana’s legal system allows people to file personal injury claims against people and parties whose negligence hurt them. But those claims are only valid if they’re filed within the statute of limitations.
- Insurer Believe: The insurer may justify its denial by claiming that it believes your injuries were pre-existing at the time of the accident or that your own conduct made the injuries worse.
- Disagreement over Damage: In some situations, an insurance company might accept liability for the incident but refuse to acknowledge the full value of your losses. In these cases, a personal injury lawsuit might go to trial solely for the judge or jury to decide how much money the liable party should pay you.
In conclusion for the question “Do Personal Injury Lawyers Go To Court?” covered in this article, all Personal Injury Lawyers has the potential of appearing in court, it only depends on the personal injury case and the parties involved.
Where the insurer is reasonable enough based on the matter presented, there can always be an out of court settlement. When this is not achievable, litigation in the court may be the only option. But as already mention at the beginning of this article, about 90% of Personal Injury Cases are settled out of court, this is why it may seems as Personal Injury Lawyers do not go to court.