You may be aware that most car accident claims are settled out of court. However, some cases do go to trial out of necessity, such as when the insurance company is only willing to compensate you a small sum that does not even begin to cover your medical expenses. That is why you should ensure that your car accident attorney is ready and willing to represent you in court, although that should only be a last resort. An attorney can assist you in the negotiation process with the insurance company for an out-of-court settlement as well.
While it is in the interests of both parties to settle things out of court, sometimes it may not be possible. In this article, we share with you the top reasons car accident cases go to trial.
Insurance companies can try to minimize your compensation by downplaying the severity of your injuries or claiming that they are not caused by the accident. These excuses are used as reasons to reduce your settlement amount. However, you should never settle for an unreasonable sum that leaves you out of pocket after accounting for the incurred medical expenses, loss of wages, vehicle repairs and more.
One way insurance companies reduce claims is by claiming that the victim is at least partially to blame for the accident. To this end, they can twist your words to make it seem like you were at fault. When in doubt, always get your attorney to communicate with the insurance company on your behalf.
Always seek out medical attention as soon as possible after an accident. Besides the obvious reasons, insurance companies can use a delay in time to claim that your injuries were not caused by the accident and hence, downplay your claim.
If you are unable to agree on a settlement amount with the insurance company, your attorney may decide that the wisest course of action is to take the case to trial. When your side has established the intention of going to trial, the insurance company may have second thoughts as a trial is expensive and time-consuming. Besides which, the jury may award you a higher settlement amount than they are willing to pay. While it is likely that they will return with a higher offer, it is not guaranteed. That is why you should ensure that the attorney of your choice is not just willing to go to trial, but has experience and success doing so.
If you have been negotiating back and forth with an insurance company for your car accident claim to no success, seek legal advice immediately. The experienced car accident attorneys at Corradino & Papa, LLC can assist with the negotiation process as well as a court case if it comes to that. Contact us today for a free consultation.
Disclaimer: Results may vary depending on your particular facts and legal circumstances.