
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.