Reasons that Justify Taking a Personal Injury Case to Court

The majority of personal injury cases do not go to court. This is because trying to settle the matter in court can be time-consuming; therefore, experienced personal injury lawyers always try to get the case settled out of court.

In this article, we’ll discuss in detail some of the reasons that justify taking a personal injury case to court.

Unsuccessful Negotiations 

When you get injured, settlement negotiations can begin right away, even at the crime scene. Once the liable party is seeking to compensate you for the damage they’ve caused, it is a sign that negotiations have started. Therefore, the negotiation process doesn’t only start after the lawsuit has been filed.

In most cases, settlement negotiations are usually successful. However, there are times when the negotiation breaks down and both parties can’t find common ground. If the insurance company is not forthcoming and their attitude is not constructive, you can take the matter to court.

If the insurance provider insists on offering a lowball offer, your attorney will argue the case and demand accurate compensation. Once your lawyer has filed the case in court, the insurer might choose to increase their offer, especially if the lawsuit will affect them negatively. Nevertheless, your lawyer should insist on accurate compensation and continue the process of taking the matter to court.

The Insurance Company Acts in Bad Faith

You’re justified in taking a personal injury case to court if the insurance company, the liable party acts in bad faith while the settlement negotiations are going on. The states in the U.S. have different interpretations of what constitutes bad faith. However, here are a few examples of bad faith:

  • Providing false statements regarding the case’s facts.
  • Denying or delaying the victim’s claim even though there is clear evidence supporting the personal injury claim.
  • Offering lowball settlements without justification.
  • Misleading representation of their customer’s policy.
  • Failing to address claims or honor agreed-upon settlements promptly.
  • Denying claims without explanation.
  • Requesting immaterial information to impede your attorney’s investigation.
  • Withholding reasonable information requested by your lawyer.

You can get additional damage compensation if your attorney proves that the insurance company acted in bad faith.

Your Attorney Requires Extra Tools

There are times when your attorney lacks certain tools to prove your claim that only a court order can make available. Therefore, your attorney can choose to take the matter to court if they feel they need certain tools to enable them to build a waterproof case. When the matter is taken to court, the following are examples of tools they can request:

  • Depositions: This refers to testimonies that are taken outside the court. Your attorney can ask experts or witnesses to answer your questions while under oath. To ensure the authenticity of the results, your attorney will go with a court reporter who will accurately transcribe the response of each person. You can read this post to learn more about depositions.
  • Subpoenas: With a subpoena, your insurance company can be mandated to release the evidence that occurred within a certain time. Sensitive and protected documents such as medical records, government documents, or phone records can only be accessed with a subpoena, which is why your attorney won’t mind taking the case to court.
  • Interrogatories: In this case, the interviewed person has to put forth their answers in writing. The witness who writes these statements must confirm that what they wrote is factual. Therefore, they can be charged with perjury if it is found that their statement was wrong.

Final Thoughts

While many personal injury cases are resolved outside of court through negotiation, there are certain circumstances where litigation becomes necessary. When settlement negotiations fail due to uncooperative insurance companies or when bad faith practices are evident, pursuing legal action may be the only recourse to secure fair compensation. Additionally, if your attorney requires additional legal tools like depositions, subpoenas, or interrogatories to strengthen your case, pursuing court proceedings becomes justified. By understanding the situations that warrant taking a personal injury case to court, individuals can ensure that their rights are protected and that they receive the compensation they rightfully deserve for their injuries and losses.