One of the common questions accident victims ask is about their case going to trial. Unfortunately, it is difficult to tell which cases may go to trial because of the numerous factors involved in pursuing a personal injury claim.
However, most personal injury cases settle without going to trial. Most cases settle without the need to file a personal injury lawsuit. In many cases, your lawyer’s office sends a settlement demand letter to the insurance company that usually results in settlement negotiations to resolve the claim.
Cases go to trial for different reasons. Let’s discuss some of the reasons why your personal injury case could go to trial.
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Why Would My Personal Injury Case Go to Trial?
Some of the common reasons for filing personal injury lawsuits and going to trial include:
The Insurance Company Denies Liability for the Injury
Liability is the legal responsibility for damages caused to another person because of a party’s actions. The injured party in a claim has the burden of proving that the other party caused their injury.
For a negligence claim, you must prove:
- Duty of care – The other party owed you a duty to act with reasonable care to avoid causing harm or injury.
- Breach of duty – The other party failed to act with reasonable care (negligence).
- Causation – The other party’s conduct was a proximate and direct cause of your injuries.
- Damages – You incurred damages because the other party breached their duty of care.
The insurance company may deny the claim for numerous reasons. For example, it might allege the insurance policy does not cover this type of car accident. It could also say that you were the one who caused the auto accident. If the insurance company refuses to accept liability, your lawyer must file a personal injury lawsuit to pursue the claim.
Your Damages are Costly for the Insurance Company to Pay
The insurance company may disagree with the valuation of damages. It may believe it can do better by going to court. For example, if it can convince the jury that you are partially at fault for the cause of the car crash, your compensation for damages would be reduced by your percentage of fault according to Florida’s contributory fault laws.
Damages paid in a personal injury case include:
- Pain and suffering
- Medical bills
- Lost wages
- Reduced quality of life
- Mental anguish
- Loss of enjoyment of life
- Impairments and disabilities
- Emotional distress
- Diminished earning capacity
The value of your damages generally increases with the severity of your injuries. Permanent disabilities and impairments increase the value of a personal injury claim. It costs more to treat these injuries, and the person is likely to incur future lost wages, ongoing medical treatments, and long-term personal care.
Insufficient Insurance Coverage to Pay Damages
Florida is a no-fault insurance state. Therefore, all drivers must have minimum Personal Injury Protection (PIP) insurance coverage. However, PIP insurance only pays up to $10,000 for medical expenses and lost income after a car crash. In addition, the state does not require drivers to carry auto liability insurance, which compensates victims when a driver causes a car accident.
Likewise, homeowners and renters may not have sufficient insurance to pay for injuries on their property. Typically, only high-net-worth individuals carry personal liability umbrella policies to protect their assets from liability claims.
If the party does not have sufficient insurance to pay your claim, you might need to sue the person to obtain a personal judgment. You may then petition the court to issue a wage garnishment order or a levy on their personal property.
If the person does not have sufficient income and assets to pay the debt, you could have a worthless piece of paper. In a car accident case, we search for other forms of insurance that could pay your claims, such as uninsured motorist coverage and underinsured motorist coverage for an automobile accident.
Multiple Parties Involved in the Case
Cases involving multiple parties can be challenging. Each party points the finger at the other parties claiming they are liable for your damages. If the parties continue to argue about liability among themselves, you might have no choice but to file a lawsuit to let the court decide who should pay your damages.
The Insurance Company is Stalling
In some cases, the insurance company stalls for time. For example, it may want to let the Florida statute of limitations for filing lawsuits expire. After the statute of limitations expires, you can no longer pursue a lawsuit.
The insurance company may believe that stalling wears you down so that you accept a small settlement amount. Sometimes we can wait out the insurance company, but not always. It might be necessary to go to trial.
Why Do Most Personal Injury Claims Settle Without Going to Trial?
Insurance companies are aware the trials are costly and time-consuming. Jurors are unpredictable. Therefore, these companies have the same reasons for settling a claim as you have for accepting a settlement offer.
For an injured victim, going to trial can be intimidating and stressful. They may not want to go through the emotional and mental strain of testifying in court. As a result, a person may accept a settlement to avoid going to trial.
Also, as mentioned above, receiving a judgment is not a guarantee of payment. In certain cases, some money is better than no money.
Settlements put money in our pocket quicker than a personal injury trial. Appeals could take years to resolve. However, it is not wise to make this decision without discussing your case with a personal injury lawyer in Tampa.
Deciding Whether to Accept a Personal Injury Settlement Offer
Your attorney discusses the pros and cons of accepting a settlement offer versus going to trial. The pros and cons are based on your case’s unique factors and circumstances. You should not base your decision on other cases.
There may be other ways to settle the case without going to trial. For example, it may be prudent to utilize alternative dispute resolution (i.e., mediation, arbitration, etc.) to resolve your claim. Your legal team will explore all options and will continue to fight until all legal avenues are exhausted for maximizing your compensation.
Contact Our Tampa Personal Injury Lawyers for a Free Consultation
Contact our law firm today to schedule your free consultation and case evaluation with an experienced personal injury attorney in Tampa. At Catania & Catania Injury Lawyers, we explain your options and discuss how we can help you get the maximum value for your accident claim.
