Why Do Personal Injury Claims Go to Court?
If you are not satisfied with the amount your case has reached, you may have to consider filing a trial. Personal injury claims often go to trial because the opposing party will baulk at settling and may not want to pay as much as they deserve. Plaintiffs also may opt for trial if they feel they were not taken seriously by the insurance company. Here are some common reasons why these lawsuits go to court:
When personal injury claims go to court, the first document that is filed in the complaint. This document lays out the details of the case, and the names of the parties involved and contains a plaintiff’s prayer for relief. The plaintiff is the one who specifies what action the court should order the defendant to take. The complaint also provides the defendant with detailed information about the claims they made. While a jury trial is expensive, it also allows plaintiffs to receive financial compensation sooner. Also, Hiring a personal injury attorney such as Underwood & Micklin puts someone on your side to stay on top of one claim and expedite the process as much as possible
If the plaintiff does not agree to settle, the defendant may request that he or she submit to a physical examination. This physical examination will take place privately, so the defendant may also have cameras on the scene. If a plaintiff doesn’t attend the appointment, the court may order that he or she pay for the medical treatment. If the plaintiff fails to attend the appointment, the defendant may choose to dismiss the case.
When a plaintiff files a personal injury lawsuit, the defendant will respond. Typically, this will involve exchanging relevant information and gathering evidence. Common legal tools used during discovery include a Bill of Particulars, Requests for Admissions, Interrogatories, and Production of Documents. Aside from that, the defendant will also need to take depositions from the plaintiff. This is important because this is the only way that the plaintiff can determine if he or she is liable for the injuries he or she suffered.
Although the settlement is an excellent option in many cases, it is still important to note that the vast majority of personal injury claims settle before trial. Many insurance companies are involved and have the funds to pay claims. By settling, they can avoid the expensive costs of litigation, jury verdicts, and legal fees. A jury can be unpredictable, and the verdict could be lower or higher than the original amount. Whether the plaintiff or defendant settles is completely up to them, but it is usually in the best interests of both parties.
If your case cannot be settled by negotiation, it may go to trial. The trial process can last for years, and the victim may not be able to receive the full amount he or she deserves. Settlements are less expensive than trials, and the injured party often takes less risk. Trials require months of preparation and can be difficult and costly. However, if you feel confident in your case, you may want to pursue it.