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Personal injury cases typically settle out of court. Accident victims benefit when they can reach an agreement with the person who injured them for compensation. Nonetheless, some cases will end up going to trial for various reasons.
At Moffitt Law, LLC, our legal team has the experience you need to win a personal injury case. We encourage you to reach out and speak with a Carrollton, Georgia personal injury attorney about what happened and how you were injured, as well as whether you can receive a settlement for your injuries.
In this article, we look at the different factors that determine whether a case will end up before a judge and jury. Sometimes, a trial is the only way to get the compensation you deserve. Contact us to schedule a free consultation.
Do Personal Injury Lawyers Go to Court?
Yes. We can end up in court when there are disagreements about certain facts. Some of the most important considerations determining whether you have a trial include:
- Disagreements About Fault
In Georgia, if you are to blame for your injuries, then you can’t seek compensation from anyone else.
Suppose you are driving on the road when you drift over the median and crash head-on with another vehicle. Because you weren’t paying attention, you are to blame for the accident. The driver you hit isn’t legally obligated to pay compensation unless their lack of care contributed to the wreck.
Some cases are not so clear. In a rear-end collision, there might be questions about who is to blame: a tailgating driver or the motorist in front who hit the brakes for no reason.
Similarly, in a slip and fall case, the property owner could be at fault for failing to sweep up some trash and debris, which causes you to lose your footing. However, the owner might claim that security footage shows you were reading a text message when you entered the store and failed to pay attention.
Fault can be shared in Georgia. But if a person is 50% or more at fault, then the law says they cannot receive any compensation. So fault matters a great deal.
A case will go to trial if both sides cannot agree on how to allocate fault. The other side might claim you are 50% to blame for an accident and therefore deserve nothing. If we can’t find common ground, then your case might end up before a judge and jury. The jury will need to allocate fault.
- Disputes over the Value of Your Claim
Sometimes, there is no dispute about fault. However, the disagreement involves the severity of your injuries, which impacts the value of your claim.
Suppose you suffer a concussion, whiplash, and fractured wrist in a rear-end collision. The driver who hit you accepts blame, so there’s no dispute about fault. However, they don’t think you suffered whiplash or a concussion. Instead, they think you are exaggerating your symptoms and asking for far too much money in a settlement.
As a result, the other side only offers a small settlement to cover the broken wrist, and that’s it. They aren’t convinced you suffer headaches, memory loss, and ringing in your ears because of the concussion or that you can’t sleep at night due to whiplash.
In this type of disagreement, we might end up going to trial. A jury will have to decide the value of your injuries—which might be the only way to get fair compensation.
- Strategic Choice by an Insurance company
Some companies are more likely to settle a claim than others. Some make a strategic choice to force an injured victim to file a lawsuit and litigate a claim.
Over the past 30 years, insurance companies have grown their profits enormously using a Delay, Deny, and Defend strategy:
- DELAY any investigation. That puts pressure on accident victims to quickly agree to the first settlement offer, which is no doubt too low.
- DENY that their insured is liable. That technique also puts pressure on victims, who typically need compensation badly.
- DEFEND the case in court. This is increasingly a common strategy. Insurance companies believe that going to court is preferable to settling a claim because some victims don’t hire a lawyer to represent them. It’s hard to win a personal injury claim on your own.
You should hire an experienced personal injury lawyer to help with the case. Some insurers are more open to settlement if they see you have a seasoned legal advocate on your team. They know that going to trial might be a terrible mistake, so they come to the table with a fair settlement offer.
- Defendant’s Lack of Insurance
Most of our cases involve negotiating with a defendant’s insurance company for a settlement. Some people are uninsured, however. They might still be at fault for the accident, but they have little incentive to settle.
You can still sue an uninsured person for compensation. However, if you win your case, you’ll need to take other steps to collect compensation.
In Georgia, you might put a lien on personal property or real estate, garnish wages, or try to levy bank accounts. Few people will voluntarily agree to garnish their wages for a personal injury settlement, so getting a court judgment is the critical first step.
Sometimes it makes sense to sue in court—especially if you know the defendant has the resources to pay a judgment. However, some defendants are considered “judgment proof,” which means they have no money and therefore cannot pay anything, even if they win.
Call Moffitt Law to Speak about Your Case
Moffitt Law, LLC stands ready to protect anyone hurt in a Carrollton accident. We have won millions for people struggling with all sorts of injuries, including brain injuries and fractures. These people were often unsure of how much their claim was worth, and they were tempted to snatch the first settlement offer. Instead of negotiating on your own, call us today. You can schedule a free consultation with our office.
