If you are injured due to the actions of another party, you no doubt have questions and worries about whether or not you will be compensated for the harm you've suffered, and how soon that compensation will come. As you begin the process of filing a claim, one question you may have and hesitation about filing the claim in the first place is whether or not your case will go to court.
While most personal injury cases are settled through out-of-court negotiations, it is true that some cases need the help of the court in order to reach a resolution. Consider the following about when a case is more likely to require litigation.
Factors that Affect the Complexity of a Personal Injury Case
The more complex a personal injury case is, the more likely it is to go to court. This is because insurance adjusters do not want to go to court to resolve simple matters; litigation is both time-consuming and expensive for both parties involves. Factors that affect the complexity of a personal injury case and therefore increase the likelihood of litigation include:
Serious injuries. The more serious that your injuries are, the more complex that your case will be to resolve. This is true for a variety of reasons, including that:
- It may take months for you to reach maximum medical improvement, giving an insurance adjuster more time to build a case against you;
- The severity of your injuries or/and the treatment for injuries may be disputed;
- Your injuries may result in hundreds of thousands of dollars of losses; and
- Severe injuries are tied to more than just medical expenses, but damages like lost wages and pain and suffering, too.
When injuries are less severe, including those injuries that are not disabling or disfiguring, going to court is almost never necessary.
- Disputes about fault and causation. In order to recover a settlement from another party (or their insurance company), you must prove that your injuries would not have occurred but for that party's actions. If there are disputes about who caused the accident/whose fault it was or whether or not your injuries are directly related to the accident, the insurance company may deny or lowball your claim. If the dispute cannot be resolved at the negotiation table, filing a lawsuit may be your best option.
- Significant damages. As touched on above, the more serious your damages, the more difficult it will be to recover your full settlement amount - insurance companies want to save as much money as possible. Claims that are valued higher typically are more complex, and recovering the compensation award you deserve out of court may be more difficult.
Our Skilled Lawyers Are Here for You
At the law offices of Anderson Hemmat, our Colorado personal injury attorneys strive to get you the maximum compensation award possible. Our goal is to get you this settlement out of court to minimize the amount of time and finances you have to dedicate to your case; however, we are skilled litigators who are prepared to fight for you. To schedule a free consultation, please call our law offices today or send us a message at your convenience.