Will My Car Accident Claim Go to Court?
Navigating your way through the claims process can be incredibly daunting—especially if you are just starting on the road to recovery. With so much on your plate already, you might question whether it’s worth your while to pursue a claim and seek compensation. We understand that many clients wish to wrap up their claim as fast as possible rather than go to court. After all, litigation and trial can be inconvenient, stressful, and mentally exhausting.
Thankfully, most personal injury claims are settled without a trial. While negotiating a fair settlement offer may not always be easy, we can typically achieve a fair settlement sooner than you might expect and without going to court.
Whether to proceed to court is always the client’s decision. Here are a few factors to consider when deciding whether it makes sense to take a personal injury claim to court:
1. The Severity of Your Injuries
Insurance companies rarely agree to six- or seven-figure settlements without putting up a challenge. Their goal is to shield their bottom line, so they will likely have a strong incentive to find any evidence that could be used to dispute aspects of your claim.
As such, if you’re seeking a considerable amount, you should be ready to face resistance from the claims adjuster. While this won’t necessarily mean you will have to file a lawsuit, there is a risk that negotiations could stall, and you’ll be left with no other option than to go to court.
2. The Strength of Your Evidence
If you have compelling evidence, you will likely be able to adequetely respond to and overcome the defenses raised in your case. Many personal injury claims involve the same, tired defenses routinely raised by insurance companies. For example, many insurance companies will argue that your injuries are preexisting, you are not has hurt as you claim, the defendant is not liable for your injuries, etc. With proper medical documentation, expert testimony, and evidence from the scene, you will likely be able to overcome these challenges and win your case.
The weaker your evidence is at the outset, the more likely it may be that an insurance company refuses to extend a fair settlement offer to you. This, of course, may force you to place your claim into litigation, obtain necessary evidence through the court’s discovery process, and seek damages from a jury.
3. The Complexity of Your Case
There are many factors that can make a particular claim more complicated. In some situations, it might be difficult to prove liability requiring your attorney to conduct an in-depth investigation and consult with expert witnesses to gather the necessary proof to demonstrate fault.
Alternatively, if you suffered a catastrophic injury, you may be seeking compensation for decades of future medical bills which the insurance adjuster might dispute. While none of these factors will necessarily result in your case going to court, they can increase your chances of having to take this step.
Discuss Your Case with a Miami Car Accident Attorney Today
Whether your car wreck claim is settled during negotiations, or you have to go to court, you can trust the team at Viñas & DeLuca PLLC to provide tenacious representation at every step. We can guide you through every stage of the claims process and help reduce the stress commonly associated with making a claim for injuries. Dial (305) 372-3650 or head over to our Contact Form to request a free case evaluation with a Florida car accident attorney.