Most car accident cases are resolved through negotiations with the at-fault party’s insurance company that take place outside of the courtroom. In fact, it has been estimated that only about four to five percent of all personal injury cases go to trial. This means it is not very likely that your car accident case will ever go to trial, but it is a possibility. Why would a car accident case go to trial? Here are some of the possible reasons:
The Insurance Company is Stalling
Sometimes, an insurance adjuster will stall the settlement negotiations by making unnecessary requests or demands. The goal of this strategy is to frustrate the victim to the point where he is willing to accept a low offer simply to resolve the case. But, if you have an experienced attorney on your side, this tactic will not work. Instead, an attorney can show the insurance company that you mean business by taking the case to court. The insurance company can either make a real effort to settle with you before the trial begins or defend themselves in court.
The Insurance Company is Not Willing to Make A Fair Offer
Most car accident cases that end up in trial are not settled out of court because the insurance company is not willing to make a fair offer. For example, let’s say an attorney believes his client’s claim is worth $100,000. But, the insurance company is only willing to offer half of that. The negotiations have stalled because neither party is willing to compromise any further. At this point, the attorney can talk to his client about going to trial. If he believes there is a good chance of winning more than what the insurance company is offering in court, he will recommend going to trial.
Disputes Over Liability or Injuries
The at-fault party’s insurance company must agree that their policyholder was to blame for the accident. The company must also believe that the victim is truly injured as a result of the accident. If either one of these issues is disputed, the insurance company will not want to settle the case. You will have to decide–with the help of an attorney–whether to drop the case altogether or continue to fight for compensation in court.
Have you been injured in a car accident? If so, seek legal representation from the attorneys at The Missouri DWI & Criminal Law Center at the Benjamin Law Firm, LLC right away. Our skilled personal injury attorneys are prepared to take your case to trial if that’s what it takes to recover the compensation you deserve. Call our office at 816-322-8008, email us at firstname.lastname@example.org or fill out our confidential online form to schedule a free consultation today.