Most personal injury cases are resolved outside the courtroom or even before a lawsuit is filed. However, a few cases do end up in court, and navigating a lawsuit is a whole different ballgame altogether when compared to a regular negotiation. The following telltale signs should tell you that your case is headed to trial:
There Is a Huge Gap Between Your Demand and the Insurance Offer
In a typical personal injury negotiation, the insurance company starts low and the injury victim starts high. The two then engage in a back-and-forth negotiation until a compromise is reached. Your case is probably on the path to resolution if you have been doing this for some time and your figures are currently relatively close. However, you should probably start preparing for trial if you have been negotiating for a long time but you are still miles apart.
The Insurer Is Denying Any Liability on Their Client's Part
One of the clearest indications that you are headed for trial is if the insurance company handling the case is denying any liability on their client's part. In such a case, you should take a hard look at your claim and confirm that it is viable. Try to look at the case from the insurer's point of view to see why they are taking such a stance. If you have done this and you are still sure about the merits of your case, then you have no option but to file a lawsuit.
Your Lawyer Believes You Have a Strong Case
Personal injury lawyers only get paid if they win their cases or manage to get a settlement that is acceptable to their clients. This means no lawyer will be motivated to file a lawsuit if they are convinced the case isn't worth pursuing. Therefore, even if you didn't engage an injury lawyer from the beginning of the case, you should get one if you are facing difficulties. You should start preparing for a date in court if your lawyer is of the strong opinion that the settlement offer is low and you have a good shot at a bigger award in court.
All Other Attempts at Resolution Have Failed
Lastly, you should anticipate a lawsuit if you have tried all alternative dispute resolution methods and failed. This means you have tried mediation, arbitration, and negotiation, and any other methods you can think of. If that's the case, it may be time to stop wasting time and seek the court's help with the matter.
For more information, contact a local criminal and personal injury attorney.
Share21 June 2018
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