When it comes to personal injury claims, settlement seems to be the most common route to get the compensation for your damages. It is based on the agreement between the victim and the insurance company, whereby the latter pays an agreed amount in compensation for the victim’s injuries. However, litigation is the most suitable alternative in some situations. Essentially, it involves a trial where the court has to mediate for resolving the dispute between the parties. The process can be time-consuming and complex, but there are times when it is still worth the effort. Let us highlight the situations when you should opt for a personal injury trial without thinking twice.
The insurance company offers a lowball settlement
The damages in a typical personal injury case include your medical bills, rehab expenses, lost wages and pain and suffering. They can add up to a considerable sum, with the non-quantifiable ones such as the cost of emotional suffering being a matter of uncertainty. The insurance company would try their best to convince you of a lowball settlement. Having a lawyer handling the negotiations on your behalf certainly helps but there are still times when the insurance company may not agree to a fair settlement. Also, an experienced personal injury trial attorney Philip Pendergrass says if your lawyer deems that you should file a lawsuit to get a compensation value you deserve, it makes sense to go ahead with the trial. The amount that you could recover at the end of the case may be much more than the settlement being offered, thus making the decision worthwhile.
The case of complex and has high-dollar value
Apart from the common car accident claims, there are some more complex ones that come under the coverage of personal injuries. These are the ones involving catastrophic injuries, medical malpractice, product liability, and asbestos poisoning. Generally, experienced trial lawyers recommend taking them to trial because such high-dollar cases are least likely to be handled outside of court. With most of them, you will probably be pitted against big companies and corporations that are likely to use their power to get you out of the way. Filing a lawsuit gives you better chances of getting the claim you deserve. A good attorney can help you fight it out against the defendant’s strong legal time by using the strong evidence and testimonies in the court.
You want the guilty party to be punished
Another good reason to take the case to trial rather than settle it out of court is when you want the guilty party to be punished. Maybe there is a criminal element to the case, or you may have lost a loved one due to the other person’s negligence, which makes a trial the better option. In such cases, the court deems the defendant’s conduct to be outrageously careless and awards punitive damages in addition to the compensatory damages award. Your lawyer is the best person to recommend taking the case to trial because you must have adequate evidence to prove that the defendant is guilty of gross negligence.
Taking a personal injury claim to court is a decision you should take after good thinking. But it can still be worthwhile in some situations, despite all the time, effort and expenses it may take.
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