What Factors

What Factors May Cause My Case to Go to Trial?

Imagine you were injured in a car accident caused by someone else. Now you’re dealing  with hospital bills, medications, therapy appointments, and you can’t work because the  pain you suffer persists. You may be wondering what to do. Should you file a personal  injury lawsuit against the responsible party? Should you file a personal injury claim and  negotiate a settlement with an insurance company? Both? There is a big difference  between a personal injury claim and a personal injury lawsuit. A personal injury claim is  between you and the at fault driver’s insurance company that takes place before any  lawsuit is filed. The claims process is a series of negotiations between you and the  insurance companies claims adjuster. In some cases, a reasonable settlement payment  is arranged and both parties walk away happy. In other cases, it may be more difficult for  a settlement to be reached. Most of my clients want to settle their case as quickly as  possible. It comes as no surprise that most personal injury cases settle well before litigation is necessary. This is because litigation is expensive, time consuming, and can  take an emotional toll on some clients. Nevertheless, if you are unable to settle your  personal injury claim, litigation is the logical next step in the process. Many factors may  cause parties to disagree, but generally, parties fail to settle claims because they either  disagree on the liability of each party or on how much the injured party’s compensation  should be. In this blog post, I will cover some of the main factors that may cause your  personal injury case to go to litigation. 

Liability Issues: In some personal injury cases, the insurance company may claim that  you were at fault for your injury. If liability is in question, you can be sure that an insurance  company will look to push forward with litigation. 

Pre-Existing Injuries: The next thing you need to be aware of is when an insurance  company tries to make it seem like the injury you sustained in your accident or fall,  occurred either prior to the event at issue or was a pre-existing injury. This is insurance talk that basically means that the insurance company and their adjuster don’t believe that  they are responsible for your injury because you were already injured before your  accident. 

Disputes Over Value of Claim: The next factor that may cause your personal injury case  to head to litigation is a dispute as to the amount of compensation the injury victim is  entitled to. This is especially true in cases where there are permanent injuries. A huge  area of contention that we must deal with when negotiating with insurance companies is  the value assigned to a particular case. 

Call our Experienced Miami Accident Lawyer Today  

At Suarez and Montero Car Accident Attorneys, our clients know they can trust our team  of highly experienced and well-informed car accident attorneys to deliver the type of  aggressive legal representation needed to take on insurance companies. If you’ve been  in any type of vehicular accident, let our motor vehicle accident lawyers review your claim!  Our skilled Miami car accident attorneys will work around the clock to hold the appropriate  parties responsible for your injuries. We will fight to make sure that you get the maximum  amount of compensation owed to you. Let us review your case and discuss your legal  options. Our attorneys are ready to provide proven legal representation in pursuing your  claim and stand ready to protect your rights. We are available 24/7 to give you a free, no  risk case consultation. We serve clients throughout Florida including those in the following  areas:  

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead,  Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.  

Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston;  and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.