In personal injury cases, there can be various reasons why a claim might proceed to trial rather than settling out of court. While settlements are often preferred to avoid the time, expense, and uncertainty, some circumstances can necessitate taking the case before a judge or jury. This blog will provide insights into the question, "Why is my personal injury case going to trial?"
1. Liability Dispute
One of the primary reasons why a personal injury case might end up in trial is a disagreement over liability. In a car collision or slip-and-fall incident, it is not uncommon for each side to blame the other for the accident. This creates a significant obstacle to reaching a settlement agreement outside the courtroom.
When liability is contested, filing a personal injury lawsuit and trialing the case may be the answer. It allows a judge or jury to weigh the evidence presented by both sides and determine who should bear the responsibility for the injury.
2. Unfair Settlement Offer
Settlements are often viewed as a favorable outcome, as they provide a timely resolution and avoid the uncertainty of trial. However, if the defendant or their insurance company presents an unfair settlement offer, it may not adequately compensate the injured party for their losses. This includes medical costs, missed wages, and pain and suffering.
In such cases, the injured party and their lawyer may decide that pursuing a trial is the best course of action. By taking the claim to court, they can present their case to a judge or jury, who will determine an appropriate compensation amount based on the evidence and law.
3. Limited Insurance Policy Coverage
Insurance policies typically cover personal injury claims. Unfortunately, some defendants may have insurance policies with low coverage limits. This means that even if liability is established, the maximum amount the insurance company is obligated to pay may not be sufficient to cover the injured party's damages fully.
In cases where an individual sustains severe injuries requiring a higher financial recovery than the insurance policy permits, filing a lawsuit and proceeding to trial may be necessary. This allows the injured party to seek additional compensation beyond the policy limits. By doing so, the injured party can recover damages from the defendant's assets or negotiate a higher settlement amount.
Talk to a Personal Injury Attorney!
If you've been injured in an accident, don't navigate the complexities of personal injury claims alone. The Law Offices of Jeff Martin's experienced personal injury attorneys are here to advocate for your rights and assist you in securing the compensation you deserve.
For more insight into your question, "Why is my personal injury case going to trial?" visit our law firm in Tulsa, Oklahoma! We'll provide more information and a free consultation to address your inquiries.
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