Dealing with personal injury is almost always an arduous process. If you have been injured due to another party’s negligence and wrongful actions, it is only natural for you to have countless questions and concerns about being properly compensated for your damages. After all, there is no reason for you to suffer for someone else’s mistakes and the recovery process after personal injury can be surprisingly costly—both in monetary terms (e.g., medical expenses, property damage, et cetera) and non-monetary terms (e.g., significant loss of enjoyment of life, loss of companionship, et cetera). It can be an altogether stressful event in nearly every aspect of life possible. You deserve compensation for your damages, but you may be worried about whether or not your personal injury case will go to court.
It is true that most personal injury claims are settled through out-of-court negotiations. However, it is also true that some cases may need to go all the way to litigation in order to reach a resolution. Whether or not your case is likely to go to court may even affect your decision to pursue a claim at all. If you are wondering which of these categories your case will fall into, this blog post may be able to help. Read on to find out more.
In most cases, whether or not your personal injury case will go to court depends on the complexity of the case itself. It probably comes as no surprise to you that insurance adjusters want to avoid taking a case to court as much as possible. After all, litigation can be painstakingly time-consuming and expensive for all involved parties. It is best to resolve simple matters out of court as expediently as possible. Furthermore, insurance companies will generally do all they can to minimize the settlement amount you receive, as every payment to you is a loss for them. However, certain factors may affect the complexity of your personal injury case. These factors include disputes about fault and causation, serious injuries, and significant damages.
Naturally, the more severe the injuries you suffer as a result of your accident, the more complicated it will be to resolve your case. There is a variety of reasons that this is true; for instance, the prolonged recovery time for these injuries may take months. This may give an insurance adjuster more time to build up their case against you. Such a case may posit that you are exaggerating the severity of your injuries and/or that the treatment you have been receiving for such injuries is up for debate. It may be argued that you are receiving excessive treatment for the injuries that have been inflicted upon you. Furthermore, more severe injuries tend to require more costly treatment. In other words, it is possible that your injuries will result in hundreds of thousands of dollars of losses. Such injuries are also tied not just to medical expenses, but also things like lost wages and even non-monetary expenses (such as pain and suffering). On the other hand, if your injuries are less severe (for instance, are not disabling or disfiguring), the chances that you will have to go to court to resolve your case are very slim.
Your case may also need to go to court if there are any disputes about fault and causation. In other words, if there is any ambiguity about who was at fault for the accident, litigation may become necessary. After all, a personal injury claim posits that you have suffered as a result of someone else’s negligence. You will want to have ample evidence to prove that this is true. You can do this by taking photographs of the accident scene and your injuries, along with keeping copies of any relevant records. You may even want to procure a witness testimony. The more time goes by after the accident, the harder it will be to collect all the necessary evidence. However, depending on the details of your case, a competent personal injury attorney may be able to help you work backward.
Finally, your case may be likely to go to court if you have suffered significant damages as a result of your accident. Just as more severe injuries can signal a more complex case, so can more significant damages. Again, this may include both monetary and non-monetary damages. Monetary damages may include loss of wages, medical expenses, property damage, and more. These damages are generally tangible and thus easier to measure. Non-monetary damages, however, may not be as simple to quantify. These can include things like post-traumatic stress disorder, loss of consortium, significant loss of enjoyment of life, and more. If the accident and the injuries you suffered were particularly egregious, then the court may even decide that you are entitled to punitive damages on top of your compensatory damages. These damages are meant solely to punish the offending party for their egregious behavior and do not account for the other compensation you are owed. The more affected you were by the accident, the more complicated resolving your personal injury claim will likely be—and, thus, the more likely you will need to take it to court.
Fortunately, you do not need to suffer alone. Legal recourse is available. If you or a loved one have recently suffered a personal injury, we at Injury Victim Law may be able to help. Though we are a Colorado-based firm, our team of experts and investigators is ready and available to help victims all around the United States. Contact us today to schedule an initial consultation with one of our experienced nationwide personal injury attorneys. We would be happy to lay any of your questions and concerns to rest. We believe that you should not have to pay for someone else’s mistakes. That is why our mission is to provide you with top-quality legal services while fighting to protect your best interests and get you the compensation you deserve.