Going to Court With a Personal Injury Claim: What to Know!
Personal injury claims can arise from many different situations, such as motor vehicle accidents, slip and fall accidents, medical malpractice, and more.
Sometimes, the individual who has been injured may be able to reach a settlement with the responsible party or their insurance company, but in other cases, going to court may be the only option for someone seeking compensation for damages.
There are several reasons why someone with a personal injury claim might need to go to court.
Reasons Why Personal Injury Claims May Go to Court
One reason is that the responsible party or their insurance company may dispute any type of liability for the accident, or the amount of damages owed.
For example, an insurance company may argue that the individual was partially at fault for the accident, or that their injuries were not as severe as they claim. In these cases, going to court may be necessary to prove liability and establish the amount of damages owed.
Another reason someone with a personal injury claim might need to go to court is that the total amount of compensation offered in a settlement may not be adequate to cover the individual’s damages.
For instance, an insurance company may offer a settlement that only covers the individual’s medical expenses, but not their lost wages or pain and suffering.
In these cases, going to court may be necessary to seek more compensation.
While going to court can be necessary in some cases of personal injury claim, it is also important to weigh the benefits and disadvantages.
One benefit of going to court is that the individual may be able to recover more compensation than they would have through a settlement, while on the other hand, going to court can also be time-consuming and expensive.
- When the parties are unable to reach a settlement: Even when both parties agree that the other party is liable, they may not be able to agree on the amount of compensation that should be paid. In such cases, the injured party may choose to go to court to seek a fair settlement.
- When the injury is severe and results in long-term or permanent disability: In cases where the injury is severe, long-term, or permanent, the injured party may choose to go to court to seek additional compensation for the long-term impact of the injury on their life.
- When the defendant is a large corporation or has deep pockets: In some cases, the defendant may be a large corporation or have deep pockets, which can make it difficult for the injured party to secure fair compensation through negotiation. In such cases, the injured party may choose to go to court to seek the compensation they deserve.
Personal Injury Claims, Attorneys, and Court — Oh My!
It is worth noting that not all personal injury claims end up in court, but in some cases, it may be necessary to go to court to ensure that the injured party receives fair compensation.
To increase their chances of a favorable outcome, hiring a personal injury attorney after an accident is highly recommended.
Personal injury attorneys such as those at Marcari, Russotto, Spencer & Balaban are well-versed in the laws surrounding personal injury claims and can help you understand your rights and options.
Additionally, personal injury attorneys usually take cases on a contingency fee basis, meaning they do not charge any upfront fees and only get paid if they win the case and you get compensated.
A personal injury attorney will be able to provide guidance and support through the legal process.
They can help the individual navigate the complicated legal system, ensure that all deadlines are met, and documents are filed correctly, and represent the individual in court.
Moreover, an attorney can also help the individual gather evidence, such as medical records and eyewitness statements, and can also retain experts such as doctors or accident reconstruction specialists, that can help strengthen the individual’s case.
At Marcari, Russotto, Spencer & Balaban, we are dedicated to helping individuals who have been injured in accidents receive the fair and just compensation they deserve.
Our attorneys have a track record of success and are committed to advocating for the rights of our clients.
If you or a loved one has been injured in Virginia, North Carolina, or South Carolina, do not hesitate to call us at (855) 435-7247 for a free consultation.
We are here to help you get the best possible outcome for your case.
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