If you’ve been injured in an accident due to someone else’s negligence, it’s natural to feel overwhelmed and uncertain about what steps to take next. The prospect of navigating the legal system and going to court to recover the compensation you need can be particularly daunting. However, it’s crucial to understand that most personal injury claims are resolved long before reaching this stage. Through skilled negotiation, our Bradenton Personal Injury Lawyers can help you secure a fair settlement outside the courtroom. Please continue reading as we explore the instances in which a trial may be necessary for a personal injury claim and how our legal team can assist you during this difficult time.
Will I Have to Go to Court to Get Compensation for a Personal Injury Claim?
Generally, you will not need to go to court to receive compensation for a personal injury claim in Florida. The vast majority of cases are settled through negotiations with the at-fault party’s insurance before reaching a trial. However, certain circumstances necessitate proceeding to trial to recover just compensation. These circumstances can include, but are by no means limited to:
- Disputes on liability: If the parties involved disagree on who is at fault for the injury, a trial may be necessary to determine liability and ensure the injured party receives rightful compensation.
- Disputes on damages: Even if liability is not in question, the parties may dispute the amount of compensation that should be paid. This could lead to a trial if the plaintiff seeks more damages than the defendant or their insurer is willing to pay. Court proceedings may be required to establish a fair and just monetary award.
- Insufficient settlement offers: You should note that an initial settlement offer made by the insurance company is usually significantly lower than the actual value of the claim. It’s intended to minimize the insurer’s payout. If you believe the settlement being offered is unfairly low, you can take your case to court to fight for a higher award.
- Bad faith: Insurance companies may engage in bad faith practices, such as unreasonably denying a claim or delaying the settlement process. Going to court might be the only recourse to hold the insurer accountable for their wrongdoing and secure the compensation to which you are entitled for your damages.
- Complex legal issues: Personal injury cases that involve complex legal or factual issues that cannot be resolved through negotiation, you may need a judge or jury to review the evidence and make a ruling.
As you can see, if the parties cannot negotiate effectively or one party is unwilling to settle, this lack of cooperation can result in the case proceeding to trial. Before making any decisions regarding your personal injury case, it’s crucial to consult with an experienced attorney who can examine the details of your case and determine whether going to court is the most appropriate course of action to pursue fair compensation.
At Becker & Lindauer, LLC, we are prepared to protect your rights, effectively represent your interests, and fight for the compensation you deserve. Connect with our firm today for more information.
