Factors That May Cause Your Personal Injury Case To Go To Litigation
In every case, the anticipated goal is to have the case settle quickly, meaning that each party can reach mutually agreeable terms and conditions without the need for litigation. It comes as no surprise that the overwhelming majority of personal injury cases settle outside of the courtroom because taking a personal injury case to trial is very expensive and time consuming for all parties involved. However, if you are unable to settle your personal injury claim, you may need to go through with a lawsuit. Many factors may cause parties to disagree, but generally, parties fail to settle because they can’t agree on who caused the accident or on how much the injured party’s compensation should be. Here are some of the main factors that may cause your personal injury case to go to litigation.
Liability or Fault Is Being Denied
When liability or fault is being denied, you may need to file a lawsuit to be fully compensated for your injuries. To recover, you need to be able to prove that someone else was at fault or was negligent in causing your injury. Personal injury cases are typically rooted in the theory of negligence. Negligence takes place when an individual causes an injury or death by failing to use reasonable care. Reasonable care is defined as how a prudent person would act under the same or similar circumstances.
To win a personal injury lawsuit, you must establish each of the four elements of negligence by a preponderance of the evidence. The four elements of negligence, are duty, breach, causation (Direct and Proximate), and Damages. Proving the aforementioned elements by a preponderance of the evidence requires demonstrating that the proposition is more likely true than not true. If you bring a personal injury lawsuit, you or your lawyer must prove that the events in your version of the case “more likely than not” occurred the way you claim they did.
More Than One Person at Fault
During the pre-litigation phase of your case, the Defendant may make various arguments to disclaim liability, one of which may be to assert that they are not the actual cause of your injuries. The defendant may further attempt to shift the blame entirely to some other involved party. In many cases, the insurance companies try to pin some or all of the blame on you. For instance, the insurance company may allege that you drove carelessly or recklessly or that you somehow caused or contributed to the collision. Even under these circumstances, though, you may still recover monetary compensation for the personal injuries and damages you sustained in the accident. Florida uses a pure comparative fault standard. Under this law, the injured plaintiff who is partially to blame for causing a motor vehicle accident reduces the amount of potential monetary recovery by an amount equal to the plaintiff’s percentage of fault for causing the accident.
A difference of Opinion on the Value of Your Claim
Insurance providers often attempt to limit what they pay for medical expenses and other damages in the interest of protecting their bottom lines. But undervaluing your claim can leave you facing immediate and long-term financial adversity, especially if you’re temporarily unable to work due to your injuries. The accident attorneys at Suarez & Montero review all of the information obtained from police reports, video footage, and witness statements to reconstruct your case against the at-fault party. However, on occasion, a difference of opinion may arise as to the value of a claim. That is when the pursuit of full litigation becomes necessary.
