Myth vs. Fact: Do You Have to Go to Court for a Montgomery County Personal Injury Claim?
One of the major concerns that many injury victims encounter early in their personal injury case is whether it is a foregone conclusion that their case will end in a courtroom. Certainly, this is the image many of us hold in our minds based on movies and television shows.
For the most part, a person injured in a motor vehicle accident, slip and fall, or other accident has a range of options when it comes to pursuing compensation and completing their case.
The Procedure for a Personal Injury Claim
Despite the impression gathered from watching television and movies, a person who files a personal injury lawsuit is not immediately sent to a courtroom. There are several steps involved in a personal injury case that must be completed before the parties to a lawsuit ever see a courthouse, judge, or jury.
To begin, a claim must be filed with the at-fault party’s insurance company. The information about the claim will be kept until an outcome is reached. Medical treatment received by the injury victims will cause medical records to accumulate. Once a claim has been initiated, those medical bills will be sent to the at-fault party’s insurance company for review.
Working to have the insurance company accept liability for the accident is step one once the claim has been set up. Insurers are known for their willingness to delay a case by not accepting liability- even when the facts and circumstances are obvious. Staying focused on the task at hand and presenting evidence of liability with the end of a case in mind creates the best possible chance of accomplishing the goals of an injury victim.
Preparing for an Injury Claim: Gathering Evidence
Once an insurance company has accepted liability, time must be spent on gathering additional evidence. In some situations, this additional evidence is worthwhile to have at the initial phase of a case. However, when an insurance company accepts liability with little to no effort, the amount of evidence an injury victim has at this stage may be limited. As a result, more evidence is necessary to prove the damages suffered in a case.
Documents like police reports and medical records can not only show the severe nature of an accident but also the extent of the injuries suffered in the accident. Those medical records support just how injured a victim was and sometimes still is. Additionally, the medical bills associated with that treatment are a major part of arguing the extent of the damages suffered on an economic level.
The focus on gathering evidence is not done only to prepare for a trial. Instead, the next stage of a personal injury case actually allows an injury victim an opportunity to avoid a trial and the necessity of heading to court at all.
Negotiating a Personal Injury Claim: How a Settlement Helps Avoid a Trial
The truth of the matter is that the vast majority of personal injury cases settle outside of court. While it is not a given that every person who is injured in an accident will settle their case, the numbers are certainly in their favor.
Once liability is accepted, it is common for an injury victim to submit a Demand letter to the insurance company. Included with this letter are copies of medical bills, treatment records, and any other documents or information that may help an insurance company see the totality of the circumstances in a case. Oftentimes, the insurance company will respond with a settlement offer in response to the Demand.
What makes it challenging to settle a personal injury claim is the reality that there are usually many moving pieces to a case that must be dealt with during negotiations. For example, not only are there medical bills to consider, but the possibility of lost wages as well as pain and suffering must also be addressed. Arriving at a settlement figure that is acceptable to both the insurance company and the injured party does not happen overnight in most cases.
When Settlement is Not Possible: Filing a Personal Injury Lawsuit
Settlement negotiations almost always result in a better outcome than pursuing a lawsuit. Avoiding a long, drawn-out lawsuit that involves risk at every turn may be ideal but out of reach for some people in a personal injury case. For whatever reason, if the injury victim and insurance company cannot agree on a settlement figure, the next step in a case involves the filing of a lawsuit.
What a lawsuit builds toward is a trial. Along the way, the two sides will exchange information and other evidence in a process known as Discovery. Along the way, there are still opportunities for negotiation, although now the attorney for the at-fault party acts as the primary negotiation partner. Depending on the insurance company, attorney, and circumstances, this may be either a welcomed development or a major hindrance to achieving a fair outcome.
What Are Some Reasons Why Personal Injury Cases Cannot Settle?
When it comes to avoiding a trial, there are no guarantees. If the insurance company and its client disagree with the extent of the damages being argued by the injured party, a lawsuit may need to be filed to have the evidence fully considered. Additionally, there are also situations where an insurance company repeatedly denies liability. In this situation, an injury victim is left with little choice but to file a lawsuit and prepare diligently for trial.
Generally speaking, the more complex a personal injury case is, the more likely a trial will be necessary. Piecing together a complicated timeline of events that led to the victim’s injuries may require the use of an expert witness. Likewise, there may be no better opportunity to make a full presentation of the injuries suffered and damages incurred than in a trial.
Contact Anthony C. Gagliano, III, Esquire, P.C. for a Free Case Review
When results matter, contact an experienced Montgomery County personal injury lawyer. Anthony C. Gagliano, III, Esquire, P.C. serves injury victims both in settlement negotiations and during the trial phase of a case. Contact our office today for a free case review.